Dormant Minerals Act: Georgia

摘要

In 1922 a tract of land is conveyed to L.G. Hardman, Sr. with the grantor reserving a 1/2 interest in the minerals. In 1939, the son of the grantee purchases that previously reserved 1/2 mineral interest. In 1960, a judicial decree relating to a partition of various interests held by members of the Hardman family awards title to the surface and 1/2 of the minerals to Emma Thomson, and awards title to the remaining 1/2 mineral estate to L.G. Hardman, Jr. Both Thomson and Hardman, Jr. die, and in 2008 the successors in interest to the Thomson Estate file this action seeking to assert ownership over the 1/2 minerals owned by successors to Hardman, Jr. through application of the Georgia Dormant Minerals Act (OCGA § 44-5-168). The trial court awards title in the 1/2 minerals to the successors in interest to Thomson. Held: affirmed. The Dormant Minerals Act divests owners of mineral estates who do not use them nor pay taxes for a period of seven years. There is no evidence that Hardman, Jr. or his successors in interest paid taxes or otherwise used and or developed their 1/2 mineral estate. The court rejects their claim that the Act does not apply to fractional mineral interests since such an interpretation would defeat the purpose of the Act. The court also rejects a claim that the plaintiffs should be equitably estopped from seeking to terminate the defendants' mineral interest. While the land had been jointly leased at one time for mineral development, the last lease expired more than seven years prior to the filing of this action.