We have Royalties with 25% of our mineral interest being reduced by an old abandoned railroad ROW. What steps does one take to determine our rights to the interest? Where is the money going when the producer take oil from this area? North Dakota. . . Marly
You have no rights to the RR ROW as they were deeded to the RR Company UNLESS they havent leased/sold or any production activity in the last 20 years, then you can hire an experienced ND attorney and make a statement of claim
There is a 2014 US Supreme Court case which held for reversion of abandoned RR line in Wyoming to surrounding landowner. Any reversion will depend on facts and circumstances, particularly whether there was a deed to RR or whether the RR acquired rights under the General RR Act or other federal law. It might be worthwhile to discuss this with ND attorney. See link below. In Texas, particularly west Texas counties, many of the RR ROW have no deeds and the underlying land and minerals belong to the landowner. Rather similar to a prescriptive easement. U.S. Supreme Court Says Ownership of Abandoned Railroad Right of Way Reverts to Landowner | Center for Agricultural Law and Taxation
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Do any of those apply to North Dakota, the subject State of the post?
The US Supreme Court decision in Brandt regarded RR row in Wyoming and would apply to all states for similar situations. As I noted, it depends on how the RR acquired the ROW in North Dakota, such as by deed vs by General Railroad ROW Act of 1875. I may have confused you with reference to Texas, as public lands were owned by State of Texas, rather than by US government, under terms of Texas becoming a state and so not subject to RR Act of 1875. So ownership of land and minerals under RR tracks in much of western Texas as a ROW and did not convey title. Exceptions where RR got a deed granting title.
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Following up on what TennisDaze said, it is possible that if there was a conveyance (a deed), it only transferred an easement. Ymaryo will probably need to find out how the RR acquired title and then consult with an attorney.
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@TennisDaze is spot on. The basic concept is that the abandoned land whether ROW, easement or alley becomes the property of the adjoining landowners. Different States will have varied requirements for making a claim and what constitutes abandoned. Great topic!
In my experience the conveyance or reservation of a ROW does not include minerals. But railroads also own fee interests in some places too. I think what gets confusing over time is the use of the RR ROW as part of a legal description, which (in the context of minerals) can then easily be assumed to be a limiting factor when it may not be a factor at all.
I like to check land patents (free on BLM website) and review the original documents. I have a good bit of minerals where the original patent was given to the railroad, and then the railroad sold the land and reserved themselves a ROW only. No mineral reservation on mine, but could be different in other places (especially out west, where the govt or RR may have reserved part or all of the minerals).
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From what I have found out the surface ownership was deeded back to the landowners in 1996. Their has been production of the minerals and are taken out of my total acres. Thx for responding.