Mineral Rights in Properties: Who Determines Them?

In real estate, in addition to the surface and what is on it, what is underneath is also of great importance. Mineral rights, which refer to the ownership and exploitation of minerals beneath a parcel of land, are a key component in the purchase and sale of real estate. But who determines these rights?

Determination of Mineral Rights: Who Has the Word?

  1. Federal Government: NO. Although the federal government has jurisdiction over multiple aspects of the territory, it is not primarily responsible for determining mineral rights to particular properties.
  2. Local Jurisdictions: NO. Local jurisdictions have power over various municipal matters, but not over mineral rights to properties.
  3. State Governments: YEAH. The state governments They are primarily responsible for dictating how mineral rights on properties within their borders are determined and managed.

Why State Governments?

The state governments They have the ability to establish regulations and standards adapted to the geographical and geological characteristics of their territory. This allows them to dictate policies that align with the needs and realities of their state, ensuring proper management of mineral resources.


When considering the purchase or sale of property, it is essential to be informed about who determines mineral rights and how they can affect the value and use of the land. In the United States, they are state governments who have the last word in this matter, ensuring proper management of valuable underground resources.

Legal and Tax Disclaimer

Please be advised that the content presented in this blog is for informational purposes only and should not be construed as legal or tax advice. The articles and information provided here are written from the perspective of a real estate agent affiliated with Keller Williams, and do not represent legal or tax counsel.

As the author, I am a licensed real estate professional under Keller Williams, holding Brokerage DRE License Number: #02197031. However, it is important to note that my expertise is in the field of real estate, and not in legal or tax matters. The insights and opinions shared on this blog are based on my experiences and knowledge in the real estate industry and should be treated as general guidance rather than definitive legal or tax advice.

For specific legal or tax concerns relating to any real estate transactions or investments, readers are strongly encouraged to consult with a qualified attorney or tax advisor who can provide tailored advice based on your individual circumstances and the latest legal and regulatory requirements.

The information on this blog is provided "as is" without warranty of any kind, and I, along with Keller Williams and its affiliates, disclaim all liability for any loss, damage, or misunderstanding arising from reliance on the information contained herein.

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