Dormant Minerals By State

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					                                           Dormant Severed Mineral Statutes Revised 3/02/09


      State   Eff Date                   Statute                                                     Comments

                                                                           Many statutes are based on the 1986 Uniform Minerals Act
Alabama
Alaska
Arizona
Arkansas                     2007 passage attempt failed.
California    1/1/1985     Cal. (Civil) Code 883.210 - 883.270   Notice of intent to preserve the mineral estate must be filed in the county
                                                                 where the interest is located every 20 years.
Colorado                  Recent passage attempts have failed.
Connecticut   10/1/1987        Ct. Code 47-33m - 47-33t        If the court finds that the mineral interest described in the complaint is unused
                                                               for twenty years preceding the commencement of the action, it shall enter a
                                                               decree declaring the dormant mineral interest to be extinguished and
                                                               terminated, unless 1) any active mineral operations constitues use of the
                                                               mimeral interest, 2) there is payment of taxes on the mineral interest or a
                                                               mineral transfer or severance tax is paid, 3) recordation of an instrument that
                                                               transfers, leases, conveys, assigns or divides, creates a security interest or
                                                               lien, or such probate certificate of distribution, or 4) recordation of an
                                                               instrument for the purpose of preserving and keeping effective a mineral
                                                               interest.
Delaware
Florida       7/1/1965      Fla Statute Ann. 712.01- 712.11      Under the provisions of the Florida's Marketable Title Act, a person who, alone
                                                                 or together with his predecessors in title, has been vested in any estate in
                                                                 land of record for 30 years or more, is deemed to own the estate free and clear
                                                                 of all claims including an dormant mineral interest underlying the surface
                                                                 estate. A specific reference to any muniment of title, including a dormant
                                                                 mineral interest, in any document filed of record during the 30 year period of
                                                                 record ownership will preserve the dormant mineral interest as will actual
                                                                 possession, a separate tax assessment or the filing of a notice of claim in
                                                                 regard to the same. The notice must have been filed of record in the county
                                                                 where the land is located by 7/1/65, or within 30 years of the date of the
                                                                 filing of the document creating the dormant mineral estate.
Georgia         1978            Ga. Code Ann. 85-407.1           Provides for the termination of a dormant mimeral interest that has gone
                                                                 unworked and untaxed for a seven-year period of time. The filing of a
                                                                 statement of claim and /or notice does not appear possible under Georgia
                                                                 law.
Hawaii
                                            Dormant Severed Mineral Statutes Revised 3/02/09


       State    Eff Date                  Statute                                                      Comments
Idaho
Illinois                                No statute.               Illinois law does not specifically address the validity of filing a statement of
                                                                  claim to preserve a dormant mineral interest. However, a seven-year period
                                                                  of adverse possession must be shown by the surface owner to prevail in a
                                                                  court proceeding to obtain mineral ownership.
Indiana         9/2/1971         Ind. Code Ann. 32-5-11-3         Notice of intent to preserve the mineral estate must be filed in the county
                                                                  where the interest is located every 20 years.
Iowa
Kansas          7/1/1983        Kan. Statute Ann. 55-1601         Notice of intent to preserve the mineral estate must be filed in the county
                                                                  where the interest is located every 20 years.
Kentucky                                No statute.               Kentucky law does not specifically address the validity of filing a statement of
                                                                  claim to preserve a dormant mineral interest. However, a seven-year period
                                                                  adverse possession must be shown by the surface owner to prevail in a
                                                                  court proceeding to obtain mineral ownership.
                                                                  In 2006 HB 990 was introduced but it did not pass.
Louisiana       1/1/1975       La. Mineral Code R. S. 31.27       If a mineral servitude is created without a specific term, prescription of
                                                                  nonuse commences running from the date of creation and accrues ten years
                                                                  latter unless interrupted by good faith drilling operations on or obtained from
                                                                  the servitude or acreage pooled therewith. If no activity after ten years all
                                                                  minerals automatically revert to the surface owner.
Maine
Maryland
Massacusetts
Michigan        9/6/1963      Mich. Statute Ann. 26.2263(1)       Notice of intent to preserve the mineral estate must be filed in the county
                                                                  where the interest is located every 20 years.
Minnesota       1/1/1975         Minn. Statute Ann 93.55          A dormant mineral interest acquired on or before 12/31/73 is preserved only if
                                                                  a statement of claim was filed by 1/1/75 in the county where the holding is
                                                                  located. Failure to file the statement of claim within the statutory period results
                                                                  in forfeiture to the State of Minnesota.
Mississippi                     No dormant mineral act.
Montana                    Recent passage attempts have failed.
Nebraska         1984              Neb. Statute 57-229          Notice of intent to preserve the mineral estate must be filed in the county
                                                                where the interest is located every 23 years.
Nevada
New Hampshire
New Jersey
                                          Dormant Severed Mineral Statutes Revised 3/02/09


     State        Eff Date              Statute                                                    Comments
New Mexico                       No dormant mineral act.
New York
North Carolina    9/1/1983      N. C. Gen. Statute 1-42.1     The mineral estate must have been created more than 30 years prior to 9/1/83.
                                                              The owner of the surface estate is not deemed to hold title to the mineral
                                                              estate if the latter was in use on 9/1/83, or, listed on the ad valorem tax rolls
                                                              for a period of 10 years prior ot 9/1/83, or, if a statement of claim was filed in
                                                              the county of property location within two years of 9/1/83.
North Dakota      7/1/1983    N. D. Century Code 38-18-1.01   Notice of intent to preserve the mineral estate must be filed in the county
                                                              where the interest is located every 20 years.
Ohio             Amended       Ohio Rev. Code 5301.56(B)      The bill provides that, before a mineral interest can become sested in the owner
                 6/30/2006                                    of the surface of the lands subject to that interest, none of the requirements in
                                                              Sec. 5301.56(B) must apply, ( 1) the mineral interst is in coal, or in mining or
                                                              other rights pertinent to or exercisable in connection with an interest in coal, 2)
                                                              the mineral interest is held by any federal, state or local gonvenmental entity, 3)
                                                              several circumstances within the last 20 years have not occurred.) and the
                                                              surface owner must do two things: 1) notify the holder, or the holder's successor
                                                              or addigns, of the owner's intent to declare the mineral interest abandon, and 2)
                                                              file an abandonmnet in the office of the county recorder of each county in which
                                                              the surface of the land that is subject to the interest is located, at least 30 days
                                                              but no latter the 60 days, after the date of such notice is served or published.
                                                              However, if the mineral interest holder or holder's successor or assigns claim
                                                              that the mineral interest is that is the subject of the notice has not been
                                                              abandoned, any one of these individuals must file in the appropriate county
                                                              recorders office no latter than 60 days after the notice, 1) a calim to preserve the
                                                              mineral interest, or 2) an affidavit that identifies an event that has occurred in the
                                                              past 20 years from the date the aformentioned notice was served or published.
                                                              If the holder or holder's successor or assigns do not fillow these procedures to
                                                              preserve the mineral interest and avoid abandonment, the appropriate county
                                                              recorder shall memoeialize the record on which the severed mineral interest is
                                                              based, and the mineral interest shall vest in the owner of the surface lands.
Oklahoma                        No dormant mineral act.
Oregan           10/15/1985     OR, Rev, Statute 517.170      Dormant minerals created prior to 10/30/55 can be extinguished if a statement
                                                              of claim is not filed by 10/15/85 and once every 30 years thereafter.
Pennsylvania                     No dormant mineral act.
                 7/11/2006       Dormant Oil & Gas Act        This Act is not a dormant mineral act as that term is understood anywhere in the
                                58 P.S. Sec. 5701 et seq.     universe. In fact and at best, it is a 100% tax on production achieved under the
                                          Dormant Severed Mineral Statutes Revised 3/02/09


     State       Eff Date               Statute                                                      Comments
                                                               act from dormant oil and gas interests. The Act proports to permit a trustee to
                                                               be appointed for the holders of dormant oil and gas interests, enpowers the
                                                               trustee to execute a lease as to those interests and to collect the proceeds
                                                               therefrom and, after deducting the fees of the trustee, to periodically escheat the
                                                               of production to the Commonwealth if the true owner thereof does not appear to
                                                               collect them. While not traditional in structure, the Act does provide some
                                                               possibility to attain production otherwise blocked by absent owners of dormant
                                                               interests.
Rhode Island
South Carolina
South Dakota      1983       S. D. Codified Laws Ann.43-30-1   A notice of claim, filed of record, in the county of ownership, on or before 23
                                                               years from the date of the document creating the mineral severance or on or
                                                               before 7/1/58, whichever is the latest, will preserve the dormant mineral
                                                               interest. The mineral act requires filing a new notice every ten years.
Tennessee         1982         Tenn. Code Ann. 66-7-103        In addition to providing for a 10-year maximum term for non-producing oil and
                                                               gas leases. Tenn. Provides for the statutory expiration of dormant mineral
                                                               interests 10 years after the execution date of the document creating the same.
                                                               Mineral interests created prior to 3/16/39 are exempt from statutory
                                                               termination. Productive mineral interests are also exempted from statutory
                                                               termination until six months following cestation of commercial production.
Texas                            No dormant mineral act.       3/1/09 H. B. 834 presented in current session. Needs tracking.
Utah
Vermont
Virginia          1924              VA, Code 55-154            Virgini'a Dormant Minerals Act allows a surface owner to institute a suit to
                                                               extinguish a dormant mineral interest if the interest was created by a
                                                               document made 35 years or more prior to the suit. The mineral interest must
                                                               have remained dormant since its creation. Further, all taxes must have been
                                                               charges and paid by the surface owner and no transfer of record involving the
                                                               interest can have occurred during the 35 year period. The owner then must
                                                               explore and discover commercial minerals. Absent discovery within a six
                                                               period the mineral interest will be extinguished and vested in the surface
                                                               owner.
Washington       6/7/1984   WASH. Rev. Code Ann 78.22.010      Notice of intent to preserve the mineral estate must be filed in the county
                                    thru 78.22.090             where the interest is located every 20 years.
West Virginia       ?       WV Code Sec 55-12A-1-55-12A-10     It is the intent of the Legislature, in enpowering the circuit courts of the state, as
                                                               provided in this article, to facilitate development of coal, oil, gas, and other
                                  Dormant Severed Mineral Statutes Revised 3/02/09


     State   Eff Date           Statute                                                      Comments
                                                     minerals , as part of the public policy of the state, by removing certain barriers
                                                     to such development caused by interests in minerals owned by unknown or
                                                     missing owners or by abandoning owners. This statute does not provide for the
                                                     typical filing or a periodic claim in the county of ownership but the mineral
                                                     owner has seven years after the date of the special commissioner lease to
                                                     re-open the action by filing a motion to re-open the action and present proof as
                                                     the court may deem necessary to establish their identity and title.
Wisconsin    7/1/1984   WIS. Statute Ann. 706.057    Provides for the termination of a dormant mimeral interest if a valid statement
                                                     of claim is not recorded during the 20-year period prior to 7/1/84 or within 3
                                                     years thereafter.
Wyoming                  No dormant mineral act.     1999 Senate File No SF0112, Dormant Minerals Act, failed to pass by the
                                                     Wyoming Legislature.

				
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