Anyone know if the recording of a Mineral Deed upon inheritance of mineral rights, within 20 years of the passing of the ND Dormant Mineral Act, is considered sufficient “claim” of mineral rights? Or are we required to file the actual “Statement of Claim” as well?
I may have answered my own question. Found this in the North Dakota Law Review quoting the Act, Would still like to know if anyone has dealt with this issue:
- Section 3: When Mineral Interest Deemed to be Used This section is very important because it specifies under what activity or condition a mineral interest is deemed to have been “used.” 67 This is the core of the Act, since at least one of these activities must have occurred during the twenty-year period. If that is not the case, then the process for possibly having the mineral interest revert to the surface can take place. Any of the eight kinds of activities or scenarios would constitute “use” of a mineral interest, as follows: (a) If any minerals are produced under that interest. (b) If operations are being conducted on the tract for injection, withdrawal, storage, or disposal of water, gas or other fluid substances. (c) In the case of solid minerals there is production from a common vein or seam by the mineral owner. (d) The mineral interest on the tract is subject to a lease, mortgage, assignment, and conveyance (this was amended in 1989 to “or conveyance”) recorded in the county in question. It must be taken for granted that this means such a document that has been recorded in the office of the county register of deeds (now county recorder) within the previous twenty years.
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