LAND SERVICES

The WET team is highly versed and experienced in all aspects of land services

Legal Estate Research, Mapping, and Status Reports—Surface and Minerals

WET personnel routinely complete research of public records for purposes of establishing ownership and control of surface, minerals, and water-rights. Maps and landman level reports are often generated as a result of those findings. This research may be provided to and utilized by attorneys for preparation of legal title opinions, or to assist in preparation of sales related legal documents. This information may also be utilized in support of a National Environmental Policy Act (NEPA) or other agency action, or simply for use by a landowner.

Preparation of Adjudication Files/Documentation of Rights to Enter and Mine

Nearly all state mine permitting programs for non-coal solids require documentation or proof of rights to enter and mine within a “permit area” or “permit boundary”. Virtually all state regulatory agencies with jurisdiction over coal permits require a more robust accounting of not only the applicant’s rights, but also the rights of overlapping and adjacent owners that might be impacted by mining operations. Coal permits, often require updates of this information at transfer of a permit to a new buyer/operator or upon term renewal (generally every five years). Variously identified as legal, financial, compliance volumes, or adjudication files. WET’s experienced personnel routinely complete select portions or complete volumes containing the requisite lists, maps, and documentation of rights to enter and mine with a permit.

Due Diligence and Data Room Support for Acquisition or Divestiture—Mining Rights and Permits

Historically, data rooms have been carefully controlled, monitored, and maintained by a dedicated staff or individual familiar with most, if not all, of the physical files available for review. With data rooms moving more frequently to cloud-based or File Transfer Protocol (FTP) sites, there has been a tendency to simply dump files randomly into the data room often after quick scanning by non-professional staff. This practice has resulted in random naming conventions, or improper categorization of documents if pertinent. WET personnel have experience in permitting and the bundle of real and mineral property rights required to successfully operate and close a mine and have provided support to attorneys and mining companies for purposes of divestiture. This support includes working in concert with client’s legal counsel and management in review, redaction, and compilation of right-to-enter and right-to-mine documents, permits, and licenses supporting mining rights for large and small companies alike. This often includes support throughout the sale to assure that demands for additional information are answered completely but discreetly.

WET also provides support to potential buyers in the form of review of data room documents to ensure control of the surface and minerals is complete and can be conveyed to the buyer. When initial review indicates an incomplete set of documents, WET personnel have created demand or request lists and traveled to seller’s offices to collect more comprehensive files. Executive summaries and maps illustrating concerns and issues are routinely completed as part of this service. Support after acquisition has often included assignment of federal and state leases, rights-of-way and easements, and timely transfer of all permits and licenses necessary to seamlessly continue operations.

Assessment and Curative Support for Attorneys

This service is often an abbreviated form of due diligence as described above and for a small area or estate.

Negotiation

• Acquisition or Divestiture—Surface and Minerals
• Agreements for Mineral Exploration or Development and Utility Easements

WET land staff are experienced as discreet third-party negotiators for sensitive projects requiring control of severed estate for temporary use, easements, mineral leases, or acquisition of surface.

State and Federal Land Use Applications

WET personnel have completed numerous mineral exploration licenses, right-of-way and easement applications, commercial and special use leases at EA levels, and participated as contractors for mineral lease Environmental Impact Statements (EIS).

Land Records Management Systems and Support

WET land staff have worked with numerous clients to compile land records, maps, and indexes for purposes of creating interactive systems for retrieval, review, and maintenance of land records.