Dormant Minerals Act: Nebraska

摘要

The Vaps, defendant-appellants and heirs of the record owners of certain mineral interests, appeal a district court's grant of summary judgment in favor of plaintiff-appellee, Ricks, the owner of the surface estate. The last activity regarding the Vaps' mineral estate were two leases executed in late 1983 and recorded in early 1984. Ricks files her complaint to terminate the allegedly abandoned mineral interests on January 22, 2009. The Vap heirs answer, alleging that the right of ownership in the disputed mineral interests has been publicly exercised at the termination of the leases, in 1988—less than 23 years before Ricks' complaint is filed. Ricks moves for summary judgment, which the district court grants, reasoning that the statutory period was only extended from the dates the leases were executed, not from the dates of termination. The Vap heirs appeal. Held: affirmed.