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eBook details

• Title: Rist v. Toole County
• Author : Supreme Court of Montana
• Release Date : January 26, 1945
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

1. Mines and minerals ? Taxation ? Fractional interest of fee title. The title to oil and gas or other mineral interests in land may be segregated in whole or in part from the rest of the fee-simple title, and after segregation should be taxed separately to their several owners. 2. Mines and mining ? "Royalty" interest defined. The word "royalty", as used in mining and oil operations, means a share of the produce or profit paid to the owner of the land for the granted privilege of producing minerals therefrom, and excludes the concept of fee-simple title to minerals in place. 3. Tenancy in common ? Fractional interest grantee becomes tenant in common. Where a portion of a fee simple title to minerals in the ground is - Page 427 conveyed, the grantee becomes a tenant in common with grantor as to such title and must join in subsequent leases, otherwise his interest will not be included. 4. Mines and minerals ? Royalty grant negatives intention to convey title to minerals. The grant of an oil and gas or other mineral royalty under future leases negatives an intention to convey part of the mineral title itself. 5. Taxation ? Royalty not "net proceeds." A royalty interest in oil and other minerals under existing and future leases does not constitute "annual net proceeds" of mines within statute providing for taxation thereof as other personal property. 6. Taxation ? Separate assessment not required. The statute providing that for tax purposes the term "real estate" includes the right to possession of land does not require the assessor to attempt separate assessment of every separate possessory interest or right in land. 7. Life estates ? Life estate owner to pay all tax. The statute requiring owner of life estate to pay the taxes refers to entire tax on land itself. 8. Landlord and Tenant ? Taxation ? Leasehold interest not assessable against owner of it. Ordinarily, a leasehold interest, although technically a chattel, is not assessable as such against the owner thereof, but is regarded as one of the lesser interests to be included in the single assessment to the owner of the freehold estate in the land. 9. Taxation ? Tax deed not derivative but creates new title. A tax deed is not derivative but creates a new title in the nature of an independent grant from the sovereignty and strikes down the former owners fee title and extinguishes all encumbrances including oil leases and assignments of royalty interests. 10. Taxation ? County cannot be enjoined from taking tax deed. A fractional royalty interest in oil, gas, and other minerals under existing and future leases was not a separate fee-simple interest in minerals or land taxable as realty separately from the rest of the fee title, and hence where land had been assessed as a whole to fee-simple owner and had been sold to county for unpaid taxes, the royalty holder could not enjoin the county from issuing or taking tax deed thereto.

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