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Original Title and Creation of Mineral Rights

Earl M. Hill, Robert E. McCarthy, Mineral Title Examination (1977)

This paper concerns itself with the acquisition of rights to mineral resources situated within lands originally subject to disposition under the laws of the United States. It deals also with lands presently in state ownership, the source of title to which stems from the United States. Generally excluded are the lands of the thirteen original states, as well as the half dozen others in which the Federal Government has never exercised sovereignty over the land. The paper also discusses the cadastral survey and land office, land records, land status and native claims, but omits so-called “acquired lands” which are subject to special land laws not applicable to the public domain.

SOURCES OF LANDS ACQUIRED AS PUBLIC DOMAIN

The sources of public domain lands have been (1) cessions from the several states during the period 1781 to 1802, (2) the Louisiana Purchase in 1803, (3) Red River Basin in 1818, (4) Florida cession in 1819, (5) the Oregon Compromise in 1846, (6) the Treaty of Guadelupe Hidalgo (Mexican cession) in 1848, (7) the purchase from Texas in 1850, (8) the Gadsden purchase from Mexico in 1853 and (9) the purchase of Alaska from Russia in 1867.

NATURE OF THE GOVERNMENT'S TITLE TO PUBLIC DOMAIN

LANDS AND MINERALS, AND LIMITATIONS THEREON

In all of the foregoing acquisitions, the United States received all right, title and interes