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surface grant. .... The general tenor of the cases considering whether gravel is to be considered <br /> as a "mineral" within the meaning of a conveyance reserving or granting minerals appears to be <br /> that since gravel is a material of much less value than most other mineral substances, and also <br /> is not peculiarly identifiable chemically from other substances, no intention to convey gravel <br /> will ordinarily be found in the absence of language or circumstances specifically indicating such <br /> intention." <br /> NOW IS IT A MINERAL?THE SUPREME COURT TAKES ANOTHER LOOK AT SAND AND GRAVEL <br /> © 2004 Christopher Hayes Bjork Lindley Little PC <br /> III. Conclusions <br /> "Ordinary sand and gravel are not generally considered to be minerals in private party <br /> transactions where "minerals" are conveyed or reserved. Sand and gravel are minerals if the <br /> parties to a private transaction intend them to be and clearly state their intention. They are <br /> minerals if the United States is claiming them under the mineral reservation from patents <br /> issued under the Stock Raising Homestead Act. The decision appears to have limited the <br /> holding, but did not overturn it. Therefore, reservations of minerals from patents under other <br /> land grant statutes must be reviewed to determine whether Congress clearly and <br /> unambiguously intended that sand and gravel be reserved; it is not possible to state generally <br /> that all reservations of minerals under federal patents either include or exclude sand and <br /> gravel." <br /> Bed Roc Ltd. LLC Western N <br />