CHAPTER 8 MISCELLANEOUS EXOTIC RECORDS AND THE USES OF EXOTIC RECORDS
| Jurisdiction | United States |
(Jan 1996)
MISCELLANEOUS EXOTIC RECORDS AND THE USES OF EXOTIC RECORDS
Ronald I. Schindler
Root & Allbright, P.C.
Denver, Colorado
I. INTRODUCTION
Though the word "exotic" most often is associated with the definition "from another part of the world," another definition of "exotic" in common use is "intriguingly unusual or beautiful."1 At first glance, placing the word "exotic" next to the term "land records" would appear to be either an acknowledgment of an antonym or alternatively, a mistake. Perhaps a closer examination may show a relationship less than obvious at first consideration.
General land records are somewhat limited in their content. They disclose, for example, who has record title to property, who has the right to use the property (both the mineral and surface estates) and other title to aspects of property, such as liens and financial instruments affecting property. This important information is normally accessible in a central county or government repository. Exotic land records, on the other hand, can be considered to be non-traditional records or non title records less concerned with the actual title history, created for diverse purposes and penned with different focuses. Therefore, such "exotic" records are helpful to those entities with needs that may go beyond a traditional interest in the buying or selling of property.
When the task at hand is the acquisition of these non-traditional records related to land, one must visit locations that seem "from another part of the world" and may experience the good fortune of locating records both "intriguing" and "unusual" in nature. Though most such records could not be considered "beautiful" in most social circles, the discovery, examination and comprehension of such information may significantly effect the position of the party initiating the search financially, strategically or may strengthen the party's bargaining position in a negotiation. This paper will examine several non-traditional sources for information regarding property and will identify locations where such information can be accessed.
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II. MINING RECORDS
A. Miscellaneous Non-Title Uses of Mining Records
It is helpful to first examine the variety of uses for records related to mining. Corporations may be interested in exotic records for a variety of reasons. A company's exploration geologists, for example, may access such information to establish a foundation for a study, to assist in defining the geologic potential of a property or to optimize exploration funds (by establishing a working knowledge of previously discovered and available facts and ultimately to include in data pools when estimating the potential of a property's mineral productivity). If the property has been operated previously, a corporation may include past production factors and processing information into the evaluation of the property's viability or worth. When environmental factors or concerns become an issue (i.e., when an environmental audit is being performed or if the corporation wishes to factor past practices into an environmental risk analysis) certain records can become very valuable. Additionally, Superfund liabilities can require the close examination of exotic records in an effort to identify other responsible parties and to establish degrees of liability.
Governmental entities (federal, state and local) also benefit from the use of exotic records. An assessor, for example, may utilize available information to calculate mineral values for the purposes of evaluating and assessing taxes. Other governmental employees may access available information to estimate and project future mineral activities and productivity and to assist in the calculation of severance taxes. Such information may also be examined to determine the validity or the non validity of claims and to investigate the status of required assessment work. Conversely, the landholder may initiate an investigation to refute adverse findings by governmental entities or to challenge heavy tax assessments.
Private individuals owning property previously involved in mining, mineral production or other activities may seek information considered exotic regarding their property for reasons ranging from historical curiosity to desires to enhance property values. Private property owners can also be interested in examining exotic records for all of the financial and environmental reasons attributed above to corporate land holders.
B. Sources and Locations of Exotic Mining Records
There are numerous sources for records related to mining. Available records can be classified into several different types, including taxation records, production records, financial records, geologic studies, academic studies and historical accounts. Since the utility of such information is task dependent, it is useful to identify the sources of different information and to briefly define information presented such that an individual to avoid fruitless expenditures of energy. Probable and possible physical locations for such information will also be presented.
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1. The United States Bureau of Mines
The United States Bureau of Mines is a strong source for non title information regarding mining properties. Many helpful publications are available as published by the Bureau of Mines. The United States Bureau of mines was originally created as a bureau within the United States Department of Commerce but was later moved into the United States Department of the Interior. Its publications begin in the late 1800's and now provide a vast wealth of information pertinent to the mining industry. During years associated with World War I and particularly during the course of World War II, the publication of such material was intentionally delayed because it was clear that the information presented therein could reveal to enemy sources intelligence critical to the war effort and undermine the security of the United States and its allies. These withheld publications joined their related volumes on the shelves some time after the termination of hostilities. A brief description of some of the more important publications by the United States Bureau of Mines is contained in the following paragraphs.
Of particular interest is The Minerals Year Book a publication that presents significant information by "metals of interest" and by "minerals of interest" on an annual basis. It is important to note that mining information from a particular year is always presented the following year. Thus, if the task at hand is to locate compiled information from mining activities occurring in 1943, the 1944 volume must be accessed, as it reviews 1943. Note that the information appearing in The Minerals Year Book is a compilation of national information. Corporations and individuals submitted highly confidential information to the Bureau of Mines, which then poured through such reports, abridged it and compiled it by "metals of interest" and "minerals of interest," and finally analyzed it on a national and regional basis.
Other publications of interest are the Bureau of Mines Information Circulars. The first volumes to this publication were made available when the Bureau was affiliated with the Department of Commerce.
The Bureau of Mines Reports of Investigations can be a more specific source of exotic records. Individual volumes can contain a report of an investigation into specific metals or minerals and their methods of production, a report of an investigation on a specific technique and even report on compressive investigations into specific properties and districts.
The Bureau of Mines Bulletins are even more specific in content. These bulletins contain very technical literature and often examine aspects of individual mines. The first volume in this set was published in 1910.
In addition to the above publications, it has also been possible to access non public information concerning production volumes, production techniques, and ore
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grades associated with particular properties and projects through the Bureau. Though gaining access to such information has been logistically, technically and legally difficult to date, such access may soon approach the impossible. This projection of an increased level of difficulty in accessibility to such information is based on the recent downsizing efforts of the federal government, which may cause that data and information resources collected, processed and analyzed by the Bureau of Mines over the past century to be archived, discarded or destroyed.
2. The United States Geological Survey
The United State Geological Survey ("U.S.G.S.") and its publications are also strong informational resources. Its publications, in addition to detailing mined lands under production, also detail the geology and related information pertaining to oil and gas fields, aquifers, and examine the geology of regions generally, whether or not a current interest in mineral development exists. Its publications include: the United States Geological Survey Professional Papers, a technical, professional geologist minded publication, the first volume of which was published in 1902; the United States Geological Survey Mineral Resources of the United States, first volume published in 1883 dealing with oil and gas, minerals, metals, etc.; the United States Geological Survey, first volume by John Wesley Powell published in 1890; the U.S.G.S. Bulletins, first published in 1883; and the U.S.G.S. Reports, dealing with activities of the Survey and containing administrative reports submitted by division heads.
Though upon primary consideration such resources seem to trend toward the impractical for the purposes of this paper, information contained can prove to be very valuable or beneficial. If, for example, an entity is in negotiations with a state or federal agency concerning...
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