Hello Everyone, I am a landowner/Mineral owner in West Virginia. I found out that I only own 1/8 (half) of my mineral rights. The minerals were severed in 1902. We can not find the original owners of these said rights. I went to pay my "mineral" taxes on my half at the local county court house. I asked if I had to pay for 100% interest which was on my ticket? Because I found out I only own half interest. They told me if I had proof that I only owed half that's all I would need to pay. Then I asked what happens if the man from 1902 does not pay his share? I was told that they would go up for "delinquent" taxes and autioned off! I then asked if I would be notifed? She said "no"... Well I don't want them to be autioned off. So I paid for both. I have heard of "extinguishing dormant mineral interest".. My question is what options do I have? Should I let them go up for delinquent taxes and hope I can get them? Why is there not a law in place to let the landowners have first rights to them?? Please help.. Thanks, Mary
It sounds like you need to search the deeds records and find out as much as you can about the history of this property, going back to the 1902 deed, and even further back. Perhaps the assessor's office can help you find who has been assessed the taxes on the mineral rights over the years, and find when the other party stopped paying.
What does your tax ticket say? Surface and (some fraction) OGM or Minerals or something like that?
I think that if you have been paying all the taxes on your part, then even if someone else is not paying taxes on another part, only that part could be sold at the tax sale. The local newspaper in that county should give several notices of delinquent taxes before they are actually sold, and even then the delinquent owner should have 18 months or so to pay the taxes (plus expenses) before the sale is final.
Thank You Nancy, This is the first year that any one paid on the minerals.. My ticket says I own 100% of my minerals. The research says that it was severed in 1902. So I paid for "all" of the minerals so it would not come up as delinquent taxes. If my state had "extinguishing dormant mineral interest" I could get those minerals back. I was wondering if there is anything else I could do? I don't want them to come up delinquent taxes because someone else could buy them out from under me.
Did you inherit this or purchase it? And do I understand that you own the minerals not surface?
And in old deeds it might say 1/8 oil or something like that, which is the "typical" royalty rate in West Virginia, at least until very recently. So you might own all of them.
Does your tax office say anybody (you or somebody else) owe any back taxes?
I know, a lot of questions!
My husbands mom & dad deeded us the property. We own land and mineral rights. When we did the research on the mineral rights.. It comes up reserved or severed 1/8 oil and gas underlying this property. That was back in 1902. This property has never paid mineral taxes until this year. We only paid property taxes.
Mary, PAY THE TAXES! Then check with an oil and gas attorney in your state. Most states have a dormant mineral act that allows the surface owner to pettion the the court for the mineral rights. Not sure about WV but you could end up with all the rights if the other owners haven’t leased or sold their minerals or placed anything of record in in the statute time frame. Good luck!
Joan Downey said:
Mary,
PAY THE TAXES! Then check with an oil and gas attorney in your state. Most states have a dormant mineral act that allows the surface owner to pettion the the court for the mineral rights. Not sure about WV but you could end up with all the rights if the other owners haven't leased or sold their minerals or placed anything of record in in the statute time frame. Good luck!
West Virginia does not have the dormant mineral act but does have the sale of properties where taxes have not been paid on in a number of years etc.
Do you have a copy of the deed from your husband's parents? That would be a good place to start to see what it says. It probably also lists the deed where they got it, unless one of them inherited. The more information you can find on it, the better. I read somewhere that it is a good idea to trace your title back as far as you can, even to the grant from the King!
However, if you have owned this property for several years, and in prior years the taxes were just for the property without saying surface or minerals, then now you have an extra tax bill, you could ask the county assessor's office to explain it.
Mary,
From personal experience with tax payments on minerals, I highly recommend that you follow Ms Downey's advice. You have much to gain. Also get to the bottom of the 1/8 reference so you know exactly how that impacts your ownership before dealing with your county officials.
I think you need a mineral lawyer. Also, NARO has a good man in W VA who is in Charleston, check the Appalachian chapter at www.naro-us.org. NARO is the National Association of Mineral Owners
Thank You, All of you are a great help. I am so blessed to have found this site. Merry Christmas, Mary
Merry Christmas to you, Mary. And everybody else!