2328 Property Rights | Medicaid

Georgia Division of Family and Children Services
Medicaid Policy Manual

Policy Title:

Property Rights

Effective Date:

April 2020

Chapter:

2300

Policy Number:

2328

Previous Policy Number(s):

MT 1

Updated or Reviewed in MT:

MT-59

Requirements

Property rights are treated as real property in determining resource eligibility.

Basic Considerations

Property rights can be in any of the following forms.

Mineral Rights

Mineral rights represent an ownership interest in natural resources such as coal, oil, or natural gas, which normally are extracted from the ground.

Timber Rights

Timber rights permit one party to cut and remove free standing trees from the property of another party.

Easements

An easement gives one party the right to use land of another party for a special purpose.

Leaseholds

A leasehold gives one party control over certain property of another party for a specified period. In some states, a lease for life can create a life estate under common law.

Water Rights

Water rights usually confer upon the owner of river front or shore front property the right to access and use the adjacent water.

Procedures

Verify the ownership and equity value of property rights.

If the individual owns the land to which the mineral rights pertain, the CMV of the land can be assumed to include the value of the mineral rights. Additional development is unnecessary.

If the individual does not own the land to which the mineral rights pertain, obtain a CMV estimate from a knowledgeable source.

Such sources include the following:

the Bureau of Land Management
the U.S. Geological Survey
any mining company that holds leases.

Refer any lease for life agreement to the Medicaid Unit for a determination of whether it creates a life estate.