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Posted By: Christine Krogstad on 12/15/2016
Statement of Claim of Mineral Interest
Pursuant to the provisions of Chapter 38-18.1 of the North Dakota Century Code, is it still necessary to file a Statement of Claim of Mineral Interest every 20 years? We filed such a claim in 2001, so is it necessary to file again in 2021? Have there been any changes in the law that would require something different from what we filed in 2001? Thank you for your help in this matter.
 
Replies:

1. Posted By: Nichole On: 12/17/2016
Any mineral interest is, if unused for a period of twenty years immediately preceding the first publication of the notice required by section 38-18.1-06, deemed to be abandoned, unless a statement of claim is recorded in accordance with section 38-18.1-04. Title to the abandoned mineral interest vests in the owner or owners of the surface estate in the land in or under which the mineral interest is located on the date of abandonment. The owner of the surface estate in the land in or under which the mineral interest is located on the date of abandonment may record a statement of succession in interest indicating that the owner has succeeded to ownership of the minerals under this chapter.

2. Posted By: Nichole On: 12/17/2016
38-18.1-03. When mineral interest deemed to be used.
1. A mineral interest is deemed to be used when:
a. There are any minerals produced under that interest.
b. Operations are being conducted thereo n for inject ion, 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 owners of such mineral interest.
d. The mineral interest on any tract is subject to a lease, mortgage, assignment, or conveyance of the mineral interest recorded in the office of the recorder in the county in which the mineral interest is located.
e. The mineral interest on any tract is subject to an order or an agreement to pool or unitize, recorded in the office of the recorder in the county in which the mineral interest is located.
f. A proper statement of claim is recorded as provided by section 38-18.1-04.
2. The payment of royalties , bonus payments, or any other payment to a named or unnamed interest-bearing account, trust account , escrow account , or any similar type of account on behalf of a person who cannot be located does not satisfy the requirements of this section and the mineral interest is not deemed to be used for purposes of this section. Interest on such account must be credited to the account and may not be used for any other purpose. A named or unnamed interest-bearing account, trust account, escrow account, or any similar type of account that has been in existence for three years is deemed to be abandoned property and must be treated as abandoned property under chapter 47-30.1. A lease given by a trustee remains valid.