Dundy County, NE - Oil & Gas Discussion archives

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I have a major issue with this. Here goes the story.

My great uncle bought some mineral rights in Dundy County Nebraska around 1959 ( I have the deeds). He passed away 1982 and lived in Oklahoma. He died in Brooklyn New York VA hospital and buried in the National Cemtery Calverton Long Island. He had a will and it was probated in Oklahoma. Their were 3 heirs in his will that were left his Mineral Rights (I have the Oklahoma Probate). We did not probate his will in Nebraska. Who would have thought you had to do that? Back in 1982 I do not think their were laws enabling the land owners to regain control of their mineral rights. Then it seems in the last few years Nebraska passed laws giving the land owners the ability to regain the mineral right to their land and take them away from the family members that inherited them ( to me that is robbery). Some how by accident I stumbled on to the lawyer that represented the land owner and he was nice enough to confirm that the land owner took possession in 2013.

Is their any way that we can have this overturned and the mineral rights returned to their right full heirs. I have all documentation proving we are the rightful owners of these deeds?

To me this is the government allowing the land owner to rob the Mineral Rights owners. In other states the production of mineral rights are put into trust funds and returned to the heirs if they are found.

I feel something has to be done on a federal level to stop this from happening to the heirs of mineral rights. I am willing to bet their are a lot of people out their that this is happening to and it would be nice if some lawyer would get involved and have this Nebraska law overturned. How can this be constitutional? It does not make sense to me that Nebraska can get away with this. If I understand this law( a land owner does a half ass search in Dundy County Nebraska) and that is good enough for him to regain the Mineral Rights.

Please feel free to post feedback on this. Maybe it will help use all out. Maybe we all have to pull together and get this crazy law overturned.


Bruce, I would say several states have such laws. You need to bone up on such laws where your minerals are. In North Dakota where I am somewhat familliar with their law on surface owners reclaiming mineral rights, you could still get your rights back if the surface owner had not yet perfected title through a quiet title action. In ND you would still have to pay the surface owners legal fees and expenses in succeeding to your mineral interest and any bonus and or royalty they received the surface owner would get to keep and you would still be bound by any lease they signed. I believe the time period before the surface owner could perfect their title in ND is 2 years.

I don't know the Nebraska law but there may be something similar.