My mother kept the mineral rights to the property she sold almost 20 years ago. I was told she might lose them by some new law? Can anyone tell me if this is true. I live in Michigan and I'm her Power of attorney, she is in the final stages of Dementia and I want to keep them. Back in the early 70's a oil company was interested in drilling I still have the paperwork. My father always told us to never lose the rights, so I need some advise before I get my attorney involved.
Some states it can happen. I'm sure others will respond to you if they know in which state the mineral interest is located.
My brother and I have inherited in Kansas, and I know that minerals can revert to the surface owner, if application is made, after 20 years of dormancy. We were advised to notify the county registrar with name and address any time there is a change or within that period to reactivate our notice of ownership.
I'm in Michigan, Thank you I'll check on that.
Dear Ms. Bouts,
Yes, you can certainly lose them. The State of Michigan does have a dormant mineral statute.
For a clear explanation, please open the attached file.
Best,
Buddy Cotten
943-ogsoilandgasmineralrights_257977_7.pdf (220 KB)
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I read the info. but can't quite find the form to fill out to take to the county clerks. I looked under Mich.gov and have had no luck. If you have a idea I'd love to hear it. I guess I can just go to the clerks office but would that be in the county the land in question or the county I live in?
Dear Ms. Bouts,
You would certainly want to file in the county where the minerals are located. Also, you can do what I do sometimes...I look through the county records to try to find an example of what I am looking for to use as a go-by.
However, unless you are experienced in those types of things, I really, REALLY recommend that you get an attorney involved who does have a good track record, or at least certified in oil and gas law. This is no time to try to save a few bucks.
Best,
Buddy Cotten
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Can someone here tell me whether or not Oklahoma has such a "dormant mineral statute"? Can the surface owner carry through such an application without some notice to the last owner of record?
Art Brown
Art, the answer for Oklahoma is no. Some think it will eventually happen, primarily due to generational fragmentation of mineral ownership.
I looked at some of your previous postings and note you are exploring the OCC resources. If you are interested in some additional info I use, just reply to this and I will share.
I do not get how your Mineral Rights can be taken away from you if it states in the original deed " YOU OWN THEM FOREVER" and your Heirs also. Can someone explain this to me?
It's called a dormant mineral stature., which not all states have adopted.
Thank your representatives.
Buddy Cotten
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Could someone list the states that have a "dormant mineral stature"?
Kansas, Nebraska, Michigan, South Dakota, North Dakota, Washington, Oregon, Indiana, Maryland, Louisiana.
This list is not necessarily inclusive, but it is the ones I am at least somewhat familiar with and found quickly through a search online.
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Thank you. Was wondering about West Virginia? Did not know I had property there, but have found there was some and it has been sold in a tax sell in 2009.
If your Deed says " YOU OWN THEM FOREVER AND YOUR HEIRS " How the Hell can the STATE step in and pass laws to over ride your deed and take what you legaly own away from you. Do we not live in America the USA?
I think WE Mineral Rights Owners should Band Together and get this Overturned as a Group. This is Down Right Theivery! Don't You Think??
At some point it might affect All of Us and our Families, Now and in the Future.
We have to stand up for what is our's.
In my case I had no idea of this "Dormant Mineral Stature". I had Inherited Mineral Rights, Read the Deed, Probated the Will in the State of the Deceased with No Idea that it had to be probated in the State of the Mineral Rights Etc. Etc. I am not a Lawyer or a former owner of Mineral Rights. How would I know any different of other then what the Deed said?
I think it is time that something is done to right this wrong!
West Virginia taxes all severed minerals, whether they are producing or not. Unfortunately they will foreclose and sell interests for delinquent taxes when they go unpaid. This is another method to clean up interests that have not been touched for years.
What criteria is used for dormancy? I have discovered I never properly transferred deed to me(I think), although production has continued with operator paying me in my name for 19 years, but OK records still show deed in my moms name. Kingfisher county, OK. Seems operator would have not been paying me without proof of ownership(in my name) 20 years is a week away and I may be panicking over nothing. Idk. B
Oklahoma does not have a dormant mineral statute.
Michigan has a dormant mineral act. You can record an affidavit in the mineral interest and file it in the register of deeds offices here. Could do that for your mother (or better do it) if you want to keep those rights. Really, really important there filed or you lose them if there's been no drilling/ activity. Best of luck. Fathers right. Im sitting around a 4 billion$ hole cause of that filing!!
File it even if you have to take work off?? If deed transferred in last 20 years you may be ok. Better safe than sorry I think..
Texas does not have a dormant mineral act...currently.
Apparently, there are some who are advocating for it. https://scholarship.law.tamu.edu/cgi/viewcontent.cgi?article=1057&context=lawreview