Lapse of mineral rights notice

New to the forum. My question is I was told there was a public notice that was in ND newspaper, that the land owner posted in the section where I have mineral rights. Can anyone tell me where I can find this notice online, as I live in Minnesota. I know I have a limited time to respond, so any help will be appreciated.

You shou;d be able to that newspapers website and look in the classifieds under notices, or contact newspaper directly.

Yvonne:

Just a long shot but you could call the Bismarck Tribune (newspaper for Bismarck,ND) and ask about this public notice. You didn't state where in ND your minerals are located but Bismarck being the Capital, that would be a good place to start. I know public notices are shown in some MT newspapers but all notices pertain to applications for drilling.

If I remember correctly the notice is to be given in the paper with the largest circulation in the county in which the minerals exist. I would check the top 3, just in case. If your minerals span a county line I would of course check the other county also. First priority is of course making a new statement of claim, as you need to do it whether there was notice in the paper or not. Focus on what is important.

Yvonne,

I would try searching the newspaper from the County Seat of where your minerals are located. Since whomever posted the public notice would be trying to file a statement of claim to them, which would have to be done in the County the minerals are located. I do think checking in Bismarck would be a good start too, since some county seats have small population, and possibly not a weekly/daily newspaper.

RW Kennedy is correct that you need to get your Statement of Claim filed as quickly as possible, I think I've read there is a set amount of days for this to be filed. The NDIC has a form you can use, if you wish to submit it yourself, which can be done without using a lawyer. You will need exact land description and a Claim for each County you have minerals in.

If you need further instruction on finding the Statement of Claim form, just ask, I will post the link. Good Luck.

http://www.newzgroup.com/northdakota/dtsearch.html

On this subject...How often do you have to file Statement of Claim? Also how do you know where it stands?

Kevin:

In ND, you have to file a Statement of Claim every 20 years. Not all States have this law and I'm not sure exactly which States do.

I am 37 and have never filed. I received my minerals when I was a child. I wonder if it starts once you turn 18?

Everyone should also be aware that if you do not have up to date contact information on file in ND and they can't find you, that a mineral trust can be set up in your name and the county treasurer acting as trustee can execute a lease in your name for you, at say $100 per acre bonus and 1/6 (16.67%) royalty when you may very well have been able to negotiate a much better lease yourself. The county will receive half of your signing bonus for acting for you. This mineral trust business is irreversable, and all parties are held blameless, unless you can prove fraud. I'm not saying they won't look for you, I'm just saying they might not look as hard as you might like. Best to keep contact information current.

I doubt it. I would think it would be your guardians responsibility. If you had a recorded will or probate in ND with a disposition of the mineral interests it may have provided protection from the date of recording. I would not delay in making a statement of claim.

Kevin said:

I am 37 and have never filed. I received my minerals when I was a child. I wonder if it starts once you turn 18?

I leased 4 years ago. Leases are up in 2.5 months. I had better look into this. Thank you!

Kevin:

If you have leased the minerals in question, I think that would suffice for the dormancy rule in ND. Are these minerals in your name and if not, how did someone contact you in regards to leasing?

Kevin said:

I leased 4 years ago. Leases are up in 2.5 months. I had better look into this. Thank you!

Yes, all my minerals are in my name and I leased them 4 years ago. So if they are leased I do not need to do the filing?

Then you are covered as leasing qualifies as use. Be careful about any parts you did not lease.

Kevin said:

Yes, all my minerals are in my name and I leased them 4 years ago. So if they are leased I do not need to do the filing?

Ok thank you guys for the information.

The notice was in the Hettinger Herald, they do not have online access. In addition to a notice, aren't they suppose to notify you by certified letter?

Thanks everyone for your input.

Yvonne:

You can deal with who to talk with about the legal process for notification but first, file a statement of claim as this must be done regardless of the notification. I'm sure you can contact the North Dakota Industrial Commission with this question and someone should be able to direct youl to the correct person to contact.

Yvonne A said:

The notice was in the Hettinger Herald, they do not have online access. In addition to a notice, aren't they suppose to notify you by certified letter?

Thanks everyone for your input.

I think I can point you in the right direction on this one. They have to send notification to the last known address, probably taken from a deed, probate, lease etc. If your address is up to date (the same as whatever is on your deed /claim/last lease ) you should have received notice. As Charles said, you have to file the statement of claim in any case, with up to date contact information, if you want to keep and protect your minerals, I would be bending my efforts in that direction first.....then worry about the how and why and whether they were doing a proper job of claiming your minerals.

Yvonne A said:

The notice was in the Hettinger Herald, they do not have online access. In addition to a notice, aren't they suppose to notify you by certified letter?

Thanks everyone for your input.

A mineral deed was done just this year before this notice was posted. Is that adequate, or I suppose it wouldn't hurt to file a claim anyway?

r w kennedy said:

I think I can point you in the right direction on this one. They have to send notification to the last known address, probably taken from a deed, probate, lease etc. If your address is up to date (the same as whatever is on your deed /claim/last lease ) you should have received notice. As Charles said, you have to file the statement of claim in any case, with up to date contact information, if you want to keep and protect your minerals, I would be bending my efforts in that direction first.....then worry about the how and why and whether they were doing a proper job of claiming your minerals.

Yvonne A said:

The notice was in the Hettinger Herald, they do not have online access. In addition to a notice, aren't they suppose to notify you by certified letter?

Thanks everyone for your input.