For decades, “other minerals” in a grant or reservation was a phrase that earned little more than a glance. Today, that phrase could carry significant legal—and financial—consequences.
In the July–August 2025 issue of Landman Magazine, Holliday Energy Law Group’s Ben Holliday explores how critical minerals like lithium, cobalt, and rare earth elements are raising new questions about mineral ownership. With demand for these materials projected to more than triple by 2030, the legal definition of “other minerals” is becoming a battleground.
The article outlines how various states—including Texas, New Mexico, and Colorado—approach this evolving issue. In Texas, for example, courts apply different tests depending on whether a mineral severance occurred before or after June 8, 1983. Other jurisdictions rely heavily on the intent of the original parties or the mineral’s specific value and method of extraction.
What emerges is a complex legal landscape that demands precision. Operators and owners alike must revisit old instruments and understand how modern courts are likely to interpret them.