mineral

1. adj

Relating to minerals or the process and business of mining; bearing or producing valuable minerals

2. noun

Any valuable inert or lifeless substance formed or deposited in its present position through natural agencies alone, and which is found either in or upon the soil of the earth or in the rocks beneath the Any natural constituent of the crust of the earth, inorganic or fossil, homogeneous in structure, having a definite chemical composition and known crystallization.

The term includes all fossil bodies or matters dug out of mines or quarries, whence anything may be dug, such as beds of stone which may be quarried. The word is not a definite term and is susceptible of limitations or extensions according to intention with which it is used.

In its ordinary and common meaning is a comprehensive term including every description of stone and rock deposit whether containing metallic or nonmetallic substances. West Virginia Dept. of Highways v. Farmer, 159 W.Va. 823, 226 S.E.2d 717, 719.

Standing alone it might by itself embrace the soil, hence include sand and gravel, or, under a strict definition, it might be limited to metallic substances. Puget Mill Co. v. Duecy, 1 Wash.2d 421, 96 P.2d 571, 573, 574.

The term "mineral" as it is used in the public land laws is more restricted than it is when used in some other respects. Its definition has presented many difficulties. It has been held that for purposes of mining laws, a mineral is whatever is recognized as mineral by the standard authorities on the subject. United States v. Toole, D.C.Mont., 224 F.Supp. 440, 444

@ mineral deed

A realty conveyance involving a severance from fee of present title to minerals in place, either effecting such severance in first instance or conveying part of such mineral ownership previously severed from the fee. Hickey v. Dirks, 156 Kan. 326, 133 P.2d 107, 109, 110

@ mineral district

A term occasionally used in acts of congress, designating in a general way those portions or regions of the country where valuable minerals are mostly found, or where the business of mining is chiefly carried on, but carrying no very precise meaning and not a known term of the law

@ mineral land entry

See entry

@ mineral lands

Lands containing deposits of valuable, useful, or precious minerals in such quantities as to justify expenditures in the effort to extract them, and which are more valuable for the minerals they contain than for agricultural or other uses. Northern Pac. R. Co. v. Soderberg, 188 U.S. 526, 23 S.Ct. 365, 47 L.Ed. 575; Deffeback v. Hawke, 115 U.S. 392, 6 S.Ct. 95, 29 L.Ed. 423.

Lands on which metals or minerals have been discovered in rock in place. Such lands include not merely metaliferous lands, but all such as are chiefly valuable for their deposits of mineral character, which are useful in arts or valuable for purposes of manufacture, Dunbar Lime Co. v. Utah-Idaho Sugar Co., C.C.A. Utah, 17 F.2d 351, 354; and embrace not only those which the lexicon defines as "mineral", but, in addition, such as are valuable for deposits of marble, slate, petroleum, asphaltum, and even guano. United States v. Northern Pac. R. Co., 311 U.S. 317, 61 S.Ct. 264, 284, 85 L.Ed. 210

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- mineral lease

@ mineral lode

A mineral bed of rock with definite boundaries in a general mass of the mountain and also any zone or belt of mineralized rock lying within boundaries clearly separating it from the neighboring rock

@ mineral right

An interest in minerals in land, with or without ownership of the surface of the land. A right to take minerals or a right to receive a royalty. Missouri Pac. R. Co. v. Strohacker, 202 Ark. 645, 152 S.W.2d 557, 561

@ mineral royalty

Income received from lessees of mineral land. Logan Coal & Timber Ass'n v. Helvering, C.C.A.Pa., 122 F.2d 848, 850. The term is distinguished from mineral interest. Maddox v. Butchee, 203 La. 299, 14 So.2d 4, 9.

See also mineral lease

- royalty

@ mineral servitude

The right to exploit or develop minerals. Frost Lumber Industries v. Republic Production Co., C.C.A.La., 112 F.2d 462, 466

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