§ 6803 State Surface Rights Reservation

• •The state can hold onto surface rights when it gives out a lease.
• •It can later lease, sell, or otherwise use the surface if the lessee doesn’t need it.
• •The decision about keeping surface rights must be made before the lease is offered.

A mining company gets a lease to dig for minerals underground, but the state decides it still wants to keep the land on top for a future park.

Because the mining company only needs the underground part, the state can say it still owns the surface and can later lease or sell it for a park, but it has to make that decision before the mining lease is advertised.