2020 Georgia Code
Title 44 - Property
Chapter 9 - Easements
Article 4 - Rights of Way for Mining, Quarrying, and Other Businesses
§ 44-9-75. Application of Article to Lessee of Mine

Universal Citation: GA Code § 44-9-75 (2020)

Any person or company of persons engaged in working a mine under a lease shall be held and regarded as the owner or owners and as such shall be entitled to avail himself or themselves of the benefits and privileges of this article.

(Ga. L. 1868, p. 139, § 6; Code 1873, § 750; Code 1882, § 750; Civil Code 1895, § 657; Ga. L. 1897, p. 21, § 1; Code 1933, § 83-209.)

RESEARCH REFERENCES

ALR.

- Validity of statute restricting the right of mining so as not to interfere with surface, 28 A.L.R. 1330.

Right to incidental gas or oil under mining lease, 64 A.L.R. 734.

Contract for the sale of gas or oil produced from wells on leased premises as creating an interest or equity affecting a subsequent assignee or lessee, 64 A.L.R. 1244.

Constitutionality of statute or ordinance limiting right of surface owner in respect of oil or gas, 67 A.L.R. 1346; 99 A.L.R. 1119.

Effect of acquisition by assignee or sublessee of lessee in mining lease of rights inconsistent with those reserved by lessee, 69 A.L.R. 936.

Overriding royalty as affected by surrender, forfeiture, abandonment, or loss of lease, 135 A.L.R. 557.

Deed or mortgage of real estate as affecting right to oil and gas or royalty interest under existing lease, 140 A.L.R. 1280.

Construction and effect of provision in mineral lease excusing payment of minimum rent or royalty, 28 A.L.R.2d 1013.

Expenses and taxes deductible by lessee in computing lessor's oil and gas royalty or other return, 73 A.L.R.2d 1056.

Duty of lessee or assignee of mineral lease other than lease for oil and gas, as regards marketing or delivery for marketing of mineral products, 77 A.L.R.2d 1058.

Construction of oil and gas lease as to the lessee's right and duty of geophysical or seismograph exploration or survey, 28 A.L.R.3d 1426.

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