Would someone explain to me severed minerals? My father did a lot a business in Logan county in the 50s and the 60s. He died when I was four. I grew up knowing nothing about the oil business. I would get an occasional oil lease from an oil company or someone wanting to buy my father's minerals. Then it was brought to my attention that severed minerals were being sold for taxes in 2001 and 2009 in my father's name. I looked at the old leases but the legals do not match the treasures deed. Can you own mineral rights that have not been severed? Could there be minerals in my father's name through deeds that have not been severed and taxed by the assessor's office? I talked to the assessor's office in Logan County and they say that they are behind and I could still have minerals in my father's name. I have re-opened my father's probate so that I am the personal rep. Thank you!
Hi Sid, I think I can answer a few of your questions.
> Then it was brought to my attention that severed minerals were being sold for taxes in 2001 and 2009 in my father's name.
All counties in Colorado levy taxes on real estate, including severed minerals. If the taxes are not paid, the county puts them up at a tax lien sale that is held every year between Oct. and Dec. They do not sell the minerals at that auction, what they do is they give investors/speculators an opportunity to pay the back taxes on the real estate by buying liens on the property. The taxes accrue interest at a statutory rate. If the owner of the property does not pay the back taxes plus the accrued interest and fees for 3 years the person that holds the lien can apply for a treasurer's deed which conveys title to the minerals. It is not clear from your post whether your father's minerals are subject to a tax lien or if there was a treasurer's deed issued.
>Can you own mineral rights that have not been severed?
The individual or entity that owns the surface also owns all minerals that have not been severed.
> Could there be minerals in my father's name through deeds that have not been severed and taxed by the assessor's office?
In Colorado it is possible for someone to own a severed mineral interest that is not taxed by the County Assessors office, but it is unlikely and it is only if there is an oversight by the county assessing minerals. It happens when there is a very old severance of the minerals prior to the date that the county started levying taxes on severed minerals, or there are are complicated issues relating to overrides, or if they simply miss it. It doesn't happen often.
I have significant professional experience in this area, particularly in Logan County. If you want to send me your contact info by direct message I think I could be of assistance in helping you sort it out.
David,
This helps a lot.