Written for oil and gas mineral rights and royalty owners in ND. if production begins during the period of the lease. North Dakota has a statutory law that severed minerals can be abandoned "back" to the surface owner if the owner of the severed mineral rights does not take steps to retain ownership of the minerals. With decades per team member of oil and gas experience under our belts, we work closely with you to assure a smooth and comprehensive transaction on all royalty purchases, and we keep the entire process confidential out of respect for your privacy. While such an acquisition could be accomplished by purchasing the mineral rights outright from the owner, usually the oil company: A mineral lease usually requires the oil company to pay rent or other compensation to the owner of the mineral rights in exchange for the right to: Such leases commonly grant these rights to the oil company for a limited period of time – perhaps 3 to 10 years – and also typically provide that: However, if no production activities have been commenced by the end of the initial lease term: In exchange for the continued production of minerals on the property, the owner of the mineral rights is typically paid a royalty, which is usually a percentage of the actual production of minerals, or oil and gas. will obtain a lease of the mineral rights from the owner. North Dakota mineral rights law involves many complex legal issues. North Dakota Mineral Rights McKenzie County, ND This is the McKenzie County, ND category. The owner of mineral rights can also convey such rights to a third party, while reserving the right to receive the benefit from such mineral rights during the grantor’s lifetime. Typically, the owner of mineral rights wants to keep them in the hope eventually they can lease the rights to a company that will produce the minerals and the rights holder subsequently will receive royalty payments. Statement of Claim Form. Gary C. Dahle, Attorney at Law, is licensed to practice law only in the State of North Dakota, and in the State of Minnesota, in the United States of America. In North Dakota, public real property ownership records are maintained in each county by a County Recorder. The transfer includes the oil, gas and other minerals of every kind and nature. Licensed to practice in Minnesota: DahleLaw.com. Licensed to practice in North Dakota: DahleLawNorthDakota.com This results in your getting thousands of buyers competing for your property. If the required action is not taken, North Dakota statutes allow for the forfeiture of a person’s ownership of severed mineral rights, even if the owner was not aware that he or she even had any such mineral rights: “Any mineral interest …, if unused for a period of twenty years immediately preceding the first publication of the notice required by section 38-18.1-06, [is] deemed to be abandoned, unless a statement of claim is recorded in accordance with section 38-18.1-04. may have administered the decedent’s Estate without addressing the need to obtain the necessary: court decree with respect to the mineral rights transferred to beneficiaries. for some other reason, cannot execute the lease. Prior to European contact, Native Americans inhabited North Dakota for thousands of years. North Dakota Mineral Rights, Oil & Gas Royalty Buyers Drilling in North Dakota began in the 1950’s, and has become one of the largest producers with more than 1.3 billion barrels produced thus far. A mineral rights attorney should be consulted in order to provide a title opinion as to ownership of the mineral rights. The general rule when transferring the ownership of mineral interests in North Dakota is that: All conveyances or reservations of mineral rights (except leases), conveys or reserves all minerals of any nature (and their compounds and by-products), except. Dakota Territory was settled sparsely until the late 19th century, when the railroads entered the region and vigorously marketed the land. The General Mineral Deed in North Dakota transfers oil, gas, and mineral rights from the grantor to the grantee. Surface and mineral ownership interests can be, and often are, divided among family members, usually as a result of inheritance rights arising after the death of one or more relatives. A mineral rights owner owns the minerals and oil that sit beneath a specified surface of land. Upon the death of a North Dakota decedent, the personal representative of his or her estate: Upon the subsequent death of any such beneficiaries, their probate estates may also have been settled without properly addressing the mineral rights. 2704 Mounds View Blvd. may not have been aware of such mineral rights. If you are not a current client of Gary C. Dahle, Attorney at Law, North Dakota Probate Attorney – Probate Lawyer, Newly Discovered North Dakota Probate Property, North Dakota Affidavit of Heirship – Proof of Death and Heirship, North Dakota Foreign Personal Representative, N.D.C.C. In Hunt Oil Co. v. Kerbaugh, 283 N.W.2d 131 (N.D. 1979), the North Dakota Supreme Court: the rules of reasonable use of the surface by the mineral owner may require the mineral owner to adopt the alternative recovery method in order to accommodate the existing surface use. Edward C. Murphy, Assistant Director Geological Survey, State Geologist : North Dakota Industrial Commission. Therefore, it may be advisable for the life tenant to join with all of the remainder persons, to: Such life tenants and remainder persons may agree to divide any compensation received pursuant to a mineral lease in either the lease itself, or in a separate agreement. Sell Your Mineral Rights to 1280 Royalties, LLC. An omnibus bill for statehood for North Dakota, South Dakota, Monta… A mineral rights owner does not necessarily have to own the land property itself but must have a legal agreement with the property owner. the surface rights and 25% of the mineral rights will be. North Dakota mineral rights law involves many complex legal issues. Gary C. Dahle, Attorney at Law, is available to service probate and mineral rights issues with respect to real property located in Divide County, Burke County, Williams County, Mountrail County, McKenzie County, Ward County, McLean County, Mercer County, Oliver County, Morton County, Grant County, Sioux County, Dunn County, Billings County, Golden Valley County, Slope County, Hettinger County, Bowman County, Adams County, Renville County, Bottineau County, and McHenry County, North Dakota. Mineral rights owners have been given a new window of opportunity to profit from their ownership. Bruce E. Hicks, Assistant Director Oil and Gas Division. Accessing the web sites of Gary C. Dahle, Attorney at Law – http://www.dahlelaw.com, or https://www.dahlelawnorthdakota.com – may be held to be a request for information. This page introduces that statute and a case in which the North Dakota Supreme Court interpreted the statute. If mineral rights will be included as assets of the trust, it may be best if the trust document specifically identified how the trustee should manage: If the owner of mineral rights happens to be either a minor, or an incapacitated person, a court may appoint a guardian or conservator to act on behalf of the minor or incapacitated person. the income derived from leasing those rights. While the owners of severed mineral rights in North Dakota have certain privileges with respect to the surface of the land to explore and produce oil, gas, or other minerals without the consent of the surface owner, such privileges are not unlimited. However, a life tenant is not allowed to take any action that would permanently diminish the value of the land that will eventually be received by the remainder persons. share in any bonus payments which may be available. Therefore, North Dakota treats mineral leases differently than sales, gifts, or other transfers of mineral interests. In North Dakota, mineral rights are transferred in one of three ways: by deed (there are numerous kinds), probate or court action. Navigate Your Mineral Rights. For North Dakota families or individuals with ties to the state, estate planning and probate has become ever more important with the booming local economy. North Dakota has extensive shale resources that can provide significant income to property owners. “A mineral interest is deemed to be used when: A. unless gravel, clay and scoria are specifically identified as having been severed by either the conveyance or reservation. By signing up for a mineral buyers account you will have access to additional detail, documentation downloads, and more. When your mineral and surface rights are at risk, we work hard to level the playing field. These rights are separate from land ownership. Let us assist with mineral trust issues, setting up a revocable living trust, health care directive or powers of attorney to protect your loved ones. Mounds View, MN 55112, Phone:  763-780-8390   Fax:     763-780-1735      gary@dahlelaw.com. Divide County, ND Mineral Rights. Therefore, only those persons interested in matters governed by the laws of the State of North Dakota and Minnesota should consult with, or provide information to, Gary C. Dahle, Attorney at Law, or take note of information provided herein. Nothing herein will be deemed to be the practice of law or the provision of legal advice. would be transferable to buyers, donees, or heirs as separate interests. When the mineral rights are co-owned by several persons, difficulties can arise in getting all of such owners to execute a lease, including those situations where one or more of the owners: If the place of residence or whereabouts of any other co-owner are unknown, North Dakota law permits an owner of mineral or royalty rights to petition the court for an order declaring the creation of a trust, and the appointment of a trustee. … For more than 100 years, First International Bank & Trust (FIBT) has been based in Western North Dakota, home of the Bakken and Three Forks Formation, the second-largest producer of oil in the United States. On a drilling rig or oilfield, the results of an accident can be devastating and even fatal. North Dakota Mineral Deed. When mineral rights are owned by one or more parties other than the surface owner, the mineral rights are referred to as having been severed from the surface rights. An overview of the mineral resources of North Dakota, with photographs, maps, and references. Gary C. Dahle has represented clients from Canada, Norway, and  Alabama, California, Colorado, Florida, Illinois, Indiana, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Montana, New York, North Dakota, Ohio, Oklahoma, Oregon, Texas, Virginia, and Washington in the United States, with respect to North Dakota mineral rights and probate issues in various North Dakota Counties. Discussions here should be specifically related to this geographic area. Start here if you’re a newbie. Call 1-844-769-2548 refuses to execute the lease for undeclared reasons. Mineral rights buyers from all over the country will also know your property is for sale. However, they are distinct legal rights, that may or may not be currently owned by the same person or entity. but is unable to locate or determine the owners of the remainder interest. Any given workplace can pose a certain level of risk or health hazards if something goes wrong. It would be helpful if surface owners would keep track of the percentage of mineral rights remaining on the various tracts of land they own – which would at least provide a starting point for a Title Company or examining attorney to properly determine the owners of the mineral rights. If you have mineral rights in Western North Dakota, continue reading to learn your rights. Therefore, an owner of severed North Dakota mineral rights must either: in a timely manner in order to prevent the mineral rights from being considered “abandoned” – which will result in ownership of such rights reverting to the owner of the surface rights. It is not uncommon for individuals to be unaware that they own North Dakota severed mineral rights. begin developing or producing any oil, gas, or other minerals upon discovery. Mineral rights buyers in North Dakota will get an alert that your property is on the market. Cavalier County, ND Mineral Rights. but identified that the rights of the owner of the mineral estate are limited to use only so much of the surface as is reasonably necessary to explore, develop, and transport the minerals. Topics of Interest – North Dakota Ancillary Probate, Topics of Interest – North Dakota Transfer on Death Deeds, Topics of Interest – North Dakota Affidavits of Heirship. If you are not a current client of Gary C. Dahle, Attorney at Law, please do not use the e-mail links or forms to communicate confidential information which you wish to be protected by the attorney-client privilege. Phone: 763-780-8390 gary@dahlelaw.com Share your experience regarding lease bonus offers, royalty rates, drilling activity, and general oil gas related news. You do not have to own the property to have mineral rights- you just have to have an agreement with the owner of the property. The general rule applicable to the conveyance of ownership of mineral rights is reversed with respect to any lease of mineral rights. North Dakota Mineral Rights & Oil and Gas Royalties Discover Areas of Interest across North Dakota. Emmons County, ND Mineral Rights. In other words, the owner of the surface rights cannot stop the owner of the mineral rights from taking whatever action is reasonably necessary in order to recover any available minerals. The result may be remote family relatives unknowingly sharing ownership of the mineral rights. In the absence of such an agreement, North Dakota law and the IRS regulations provide a formula for computing the share of each interest – which is based upon the life expectancy of the life tenant, and applicable interest rates. As discussed above, the surface owner may or may not own the mineral rights. If you want to buy mineral rights in Williams County North Dakota, see the listing details below. 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