EvvAtty
Tenderfoot
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- Oct 31, 2011
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- Primary Interest:
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Hi everyone. I am a new member. I have a question about the Discovery Channel's Gold Rush Alaska show and I thought this would be a great place to ask it.
Is it just me or is there something very strange about the storyline with Dakota Fred buying the claim and "nullifying" the guys' lease? I am an attorney and although I have never seen a lease for gold mining, I have seen a lot of coal leases and oil and gas leases and that just simply isn't how they work.
First, although I know mineral leases area special breed, leases in general don't terminate just because the landowenr (or mineral owner) sells his interest. Why would Fred's buying the claim terminate the lease?
Second, mineral leases tend to be long term. Many of them have a long primary term and then coninue for so long as they continue to produce. The reason for this is because nobody in their right mind would invest hundreds of thousands of dollars in mining equipment and infrastructure if they only had a short term lease.
And third, it's my understanding that gold leases are a lot like coal and oil & gas leases in that the mineral owner (or claim owner) usually leases the property to an operator and reserves a royalty for himself. The royalty is simply a right to receive payment from a portion of the production. It doesn't usually include the right to terminate the lease, change its terms, etc.
I am sure that gold leases are different from coal and oil & gas leases, but the idea that the guys on Gold Rush had a lease for the property but it was nullfied simply because Fred "bought the claim" doesn't make any sense at all.
Does anyone here have any experience with gold leases? Is Discovery Channel making up sotrylines for dramatic effect?
Is it just me or is there something very strange about the storyline with Dakota Fred buying the claim and "nullifying" the guys' lease? I am an attorney and although I have never seen a lease for gold mining, I have seen a lot of coal leases and oil and gas leases and that just simply isn't how they work.
First, although I know mineral leases area special breed, leases in general don't terminate just because the landowenr (or mineral owner) sells his interest. Why would Fred's buying the claim terminate the lease?
Second, mineral leases tend to be long term. Many of them have a long primary term and then coninue for so long as they continue to produce. The reason for this is because nobody in their right mind would invest hundreds of thousands of dollars in mining equipment and infrastructure if they only had a short term lease.
And third, it's my understanding that gold leases are a lot like coal and oil & gas leases in that the mineral owner (or claim owner) usually leases the property to an operator and reserves a royalty for himself. The royalty is simply a right to receive payment from a portion of the production. It doesn't usually include the right to terminate the lease, change its terms, etc.
I am sure that gold leases are different from coal and oil & gas leases, but the idea that the guys on Gold Rush had a lease for the property but it was nullfied simply because Fred "bought the claim" doesn't make any sense at all.
Does anyone here have any experience with gold leases? Is Discovery Channel making up sotrylines for dramatic effect?
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