Search for Dormant Mineral Owner Not Required if Address is of Record

摘要

In two separate cases, the North Dakota Supreme Court held that a surface owner seeking to reclaim dormant minerals under North Dakota's dormant mineral act is not required to conduct a search for the dormant mineral owner if the address of the mineral interest owner is shown of record. Sorenson v. Alinder, 793 N.W.2d 797 (N.D. 2011); Sorenson v. Felton, 793 N.W.2d 799 (N.D. 2011). In Felton, Michael Sorenson (Sorenson) owned the surface estate of a tract of land in Mountrail County, North Dakota. Barbara J. Felton (Felton) owned mineral interests under the tract by virtue of an August 23, 1984, personal representative deed. Felton, 793 N.W.2d at 801. Prior to January 9, 2008, when she leased the mineral interests, Felton had not used the minerals or filed a notice of claim. Id. Likewise, in Alinder, Sorenson owned the surface estate of a different tract of land in Mountrail County, and Russell and Edna Alinder (Alinder) owned mineral interests under the tract through a mineral deed recorded in November 1953. Alinder, 793 N.W.2d at 798. Alinder had not used the minerals for more than 50 years. Id. Sorenson sought to reclaim, in separate proceedings, the mineral interests from both mineral owners, or their successors, pursuant to North Dakota's dormant mineral act. N.D. Cent. Code ch. 38-18.1 (Act).