OCR Text |
Show MINERALS NOT RESERVED. Under a recent ruling holders of Carey act lands are owners in fee simple and the lands are not subject to mineral reservation. This means that if subsequent sub-sequent to patent mineral is discovered dis-covered the United States would have no claim to the mineral, nor would the patent be subject to cancellation because be-cause of such discovery. This is the gist of an opinion of the acting commissioner com-missioner of the general land oflice and clears up the title to many such areas scattered over tho west, the mountain states iu particular. The decision is the result of an in- ' quiry set on foot by Representative Moudcll, in behalf1 of a constituent who desired to drill for oil on Carey act land in Wyoming. The patent from the state contained a reservation of the minerals in the following language: "With particular reference to the exclusion ex-clusion of all mineral lauds, should any be found to exist in the tracts aforesaid. afore-said. " The state land commissioner of Wyoming advised that "the patent issued is-sued by the United States and the state of Wyoming transferring the fare-.- hM la nd; provides t hn t finds upon which mineral is discovered shall not pass under the patent. ' ' Inspection Inspec-tion of the government's patent to the state revealed the fact --that it contained con-tained only the usual reservations for canal rights of way, reciting the fact i that the state received title "with I power to convey the same in fee ! simple. ' ' ! Carey ac't entry men who ha e been : uncertain as to the character of their 'title will be relieved of all apprehension apprehen-sion in regard to the matter and may proceed with the development, of minerals in many of these tracts, long withheld in the belief that the mineral was reserved to the government and that its discovery would prevent title passing. |