Estate Planning

Gifts of Land and Mineral Interests and Gift Tax Valuation

Land and mineral interest ownership presents special opportunities for long-term, multi-generational income and asset growth. To realize the full potential of these opportunities, careful planning and management decisions must be taken into account when transferring these assets to future generations. A key estate planning objective is the reduction of any possible tax burdens placed on…

Estate Planning

The Beneficiary Deed as a Valuable Estate Planning Tool for Mineral Owners

In this time of uncertainty, real property owners, including owners of mineral interests, are feeling an increased responsibility to set their estates in order. Probate proceedings can be expensive and time-consuming for loved ones, so many people are turning to alternative estate planning tools, like revocable trusts,1 to transfer real property outside of probate. Another…

Energy Title LawTitle Examination

Riparian Land Title: Navigating Ownership Through Uncharted Waters – Part 3

Part III of III: The Effect of Avulsion on Riparian Mineral Ownership Unlike the gradual processes of accretion, reliction, and erosion, discussed in the preceding post for this series, avulsion is a “sudden inundation or sweeping away of land resulting from a sudden change in the course of a waterbody.” Eaton v. Francis, 484 P.2d…

Energy Title LawTitle Examination

Riparian Land Title: Navigating Ownership Through Uncharted Waters – Part 2

Part II of III: How do changes in the boundaries of bodies of water affect mineral ownership? As discussed in Part I, grantees of riparian land conveyances take to the center of the non-navigable river, while the state owns the minerals underlying navigable bodies of water up to their ordinary high watermarks. Over time, however,…