I am new on this site ... and new to "mineral interests". My siblings and I inherited a small mineral interest in North Dakota in the early 80's. We have just received a "Notice of lapse of mineral interest". We didn't know that we should have been filing a statement of claim at 20 year intervals or been actively pursuing minerals. On a blog (not this one) there was a reference to a notice of intent not to abandon your mineral acres. I have tried to contact attorneys in the area but they have three month waiting lists if they are accepting new clients at all. After reading the general discussuions, I thought I'd see if anyone would have any information on this topic.
Thank you very much.
This link is for the North Dakota laws concerning your situation.
Here is part of the law:
38-18.1-05. Failure to record the statement of claim. Failure to record the statement
of claim within the time period provided in section 38-18.1-04 will not cause a mineral interest to
be extinguished if:
- The owner of record of the mineral interest satisfies either one of the following
requirements within sixty days after first publication of the notice provided for in
a. Files with the county recorder a statement of claim as required in section
b. Files with the county recorder documentation that at least one of the activities
under subsection 1 of section 38-18.1-03 took place during the twenty-year
period immediately preceding the first publication of notice.
- A person other than the owner of record of the mineral interest files with the county
recorder within sixty days after first publication of the notice provided for in section
38-18.1-06 an affidavit under oath or a declaration under oath which includes an
explanation of the factual and legal basis for the person’s assertion of title to the
mineral interest. This explanation must be accompanied by documentation
supporting the assertion or an explanation why documentation is unavailable.
Thanks to all of you for the great advise and the links provided. We have started the Statement of Claims for each of us and hope to get them in the mail today.
We have property in North Dakota and I use an attorney in Dickinson, Jon Bogner, to look over any paperwork. You might call him.