Mineral rights (the right to use subsoil resources) in Georgia serve as the legal mechanism for accessing state-owned resources. According to legislation, a landowner does not automatically possess rights to the minerals on their land (except for personal use). Commercial extraction requires obtaining a license from the state. Mineral rights cover exploration, study, and extraction stages. This field regulates relations between the state (license issuer), the license holder, and the private landowner. Conflicts are frequent when a license is issued for an area that is privately owned. Legal services help investors obtain and maintain mineral rights, while assisting landowners in protecting their interests and receiving compensation.
What Does Mineral Rights Service Cover?
Our lawyers offer full legal support in obtaining and protecting subsoil use rights:
- Auction Participation: Procedural support for obtaining a mining license via electronic auction.
- Agreement with Landowner: Regulating relations with private landowners (lease, purchase, compensation) to conduct works within the license area.
- License Transfer: Legal formalization of transferring or alienating mineral rights (license).
- Status Change: Changing the status of agricultural land for mining activities.
- Due Diligence: Legal audit of an existing license (checking fulfillment of obligations) before its purchase.
- Disputes with Agency: Defense against license revocation or accusations of violating license conditions.
Common Scenarios and Needs
The most common problem is when a company wins a license but cannot start extraction because the landowner denies access to the territory. In such cases, court intervention or negotiation is needed. Also, license holders often violate the "development plan" (minimum extraction obligation), which is grounds for license revocation. Investors need help extending these deadlines by justifying objective reasons.
Georgian Legislation and Regulations
The field is regulated by the "Law of Georgia on Entrails" and the "Law on Licenses and Permits". Land issues are governed by the Civil Code. Mineral rights are issued by the National Agency of Mineral Resources.
The Process: How a Specialist Works
The lawyer first checks if the specific area is free from other licenses. After the auction, the process of land purchase or lease begins. If the owner refuses, the lawyer prepares a lawsuit claiming "necessary way" or easement. When transferring a license, the lawyer drafts the contract and ensures registration in the Agency's registry.
Why Legal.ge?
Mineral rights are a complex asset requiring knowledge of both administrative and civil law. Legal.ge gives you access to lawyers experienced with the Mineral Resources Agency and land disputes. Specialists on our platform will help you protect your investment and ensure unimpeded access to resources. Protect your rights with Legal.ge.
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