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Wisconsin and Minnesota Frac Sand Mining Law  

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This basic-to-intermediate level seminar is designed for: Attorneys, Engineers, Government Officials, Surveyors, Property Appraisers and Assessors, Real Estate Developers and Brokers, Lenders/Bankers, Paralegals

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Seminar Summary:

Whatever your involvement is in frac sand mining, this legal course will provide you with the most up-to-date requirements, legal tactics and remedies to ensure you're able to provide your frac sand mining clients the best guidance and protection possible. (see full course description)

 

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Training Course Syllabus:


Wisconsin and Minnesota Frac Sand Mining Law

Regulatory Requirements, Moratoriums, Real Estate Transaction Tips and Royalty Negotiations

Recently, the mining of frac sand (silica sand) has grown rapidly in Wisconsin and Minnesota leaving many attorneys, businesses, government officials and land owners navigating their way through unchartered legal territory. With this increase in frac sand mining, also comes a rise of many legal and regulatory challenges and requirements; including real estate purchase and lease transactions, royalty negotiations, government regulations and environmental concerns. Whatever your involvement is in frac sand mining, this legal course will provide you with the most up-to-date requirements, legal tactics and remedies to ensure you're able to provide your frac sand mining clients the best guidance and protection possible - register today!

  • Get the latest update on what you need to know in regards to recent legislation and moratoriums.
  • Gain a better understanding of local, state and federal regulatory requirements surrounding frac sand mining.
  • Find out what goes into a balanced valuation of the land's yield potential.
  • Review samples of key land lease and purchase contracts and get practical negotiating tips.
  • Learn how to handle land use and lease disputes.
  • Maintain your ethical reputation with a review of the rules and their real-life application.
  • Explore common mining site environmental issues, their consequences, and pre- and post-fact legal remedies.
  • Resolve lease term and clean-up liability issues up front in negotiations to prevent future disputes.

  1. Wisconsin and Minnesota Frac Sand Mining Update: Legislation and Moratoriums
    9:00 - 9:30, John R. Behling
  2. Wisconsin and Minnesota Frac Sand Mining Regulation Overview
    9:30 - 10:30, Anders B. Helquist and Michael Stoffel
    1. Recent Case Law
    2. Local and State Government Issues (Relations, Taxes, Negotiations)
    3. DNR, Local, County and State Regulation
      1. Zoning Issues
      2. Shoreland Zoning Permits and Variances
      3. Conditional Use Permits
      4. Land Use Permits/Authorizations
      5. Reclamation: Legal Issues, Plans and Permits Required by NR 135
      6. Water and Air Permits
      7. Other Permits or Variances Related to Frac Sand Mining
    4. Federal Regulations
    5. Compliance and Enforcement Legal Issues
  3. Valuing the Potential of the Land
    10:45 - 11:45, Thomas Gapinske
    1. Resources Available
    2. Testing
    3. Historic Yield of the Area and Trending: What Documents to Review and Where to Get Them
    4. Potential Difficulties in Mining: What a Geologist/Engineer/Surveyor Can Tell You
    5. Other Factors Comprising a Thorough Valuation
  4. Lease/Ownership Challenges and Disputes for Sand Companies and Land Owners
    12:45 - 1:30, Paul B. Millis and Dustin F. Von Ruden
    1. Rights of the Surface Owner vs. Mineral Owner - Accommodation Doctrine
    2. Mineral Rights Boundary Disputes
    3. Real Estate Purchase Transaction Challenges
      1. Common Issues
      2. Title Issues and Ownership Disputes
      3. Property Possession vs. Ownership
      4. The Effect of Any Financing by the Leasehold Mineral Rights Holder
      5. Other Real Estate Transaction Challenges
    4. Lease Disputes
      1. Common Issues
      2. Disputes over Term of Lease
      3. Habendum Clauses
      4. Recent Court Rulings
    5. Mineral Rights Bequests
  5. Negotiating Key Contract Provisions in Frac Sand Mining
    1:30 - 2:30, John B. Wagman
    1. Transfer of Ownership: Land Lease vs. Outright Land Sale vs. Mineral Rights Sale
    2. Negotiation Strategies
      1. Tips for Working With Domestic and International Sand Mining Companies
      2. Tips for Working With Land Owners
      3. Neighbors Pooling for Stronger Negotiating Position and Mandatory Pooling
    3. Purchasing of the Property
      1. Key Considerations
      2. Real Estate Contracts/Land Purchase Agreements
      3. Financing
      4. Smoothly Closing the Transaction
    4. Term of the Lease
      1. General
      2. Inactivity/Dormancy
    5. Rights Granted to the Sand Company - Be VERY Specific!
    6. Rights Reserved for Landowner
      1. Right to Transfer Ownership
      2. Access to Water
      3. Specific Uses of Surface Area
      4. Easements for Pipelines and Other Distribution Concerns
      5. Others
    7. Payout Provisions
      1. Royalties
        1. Types of Royalties
        2. Valuation of Royalties: Standard Methods and Considerations
        3. Negotiating Royalties: Tips
        4. Payment Schedule and Conditions
      2. Income Other than Royalties
      3. Surface and Sub-Surface Damages
    8. Income Tax Considerations
    9. Red Flags
    10. Sample Mining Contracts/Agreements
      1. Royalty Agreements
      2. Mineral Lease Agreements
      3. Exploration Agreements
      4. Drilling and Coring Agreements
      5. Development and Operation Agreements
      6. Transportation Agreements
      7. Other Relevant Agreements/Contracts
    11. Landowner Liability
    12. Sand Company Liability
  6. Environmental and Nuisance Concerns and Remedies
    2:45 - 3:30, Tanya M. Bruder, Brian M. Nodolf and William J. Spangler
    1. Top Litigated Environmental and Nuisance Concerns
    2. Statutory and Regulatory Authority of State and Federal Regulation
    3. Landowner Liability Concerns
    4. Corporate Liability - What Happens When the Sand Company Dissolves - Clean-up Cost Allocation
    5. Preventive Contract Clauses
    6. Post-Fact Remedies
  7. Ethical Issues
    3:30 - 4:30, Tanya M. Bruder, Brian M. Nodolf and William J. Spangler
    1. Multiple Representation
    2. Conflicts of Interest
    3. Attorney Fees
    4. Protecting Confidentiality

Seminar Summary:

Whatever your involvement is in frac sand mining, this legal course will provide you with the most up-to-date requirements, legal tactics and remedies to ensure you're able to provide your frac sand mining clients the best guidance and protection possible. (see full course description)

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