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<blockquote data-quote="Marbleyes" data-source="post: 198067" data-attributes="member: 675"><p>When Allen says it is legal to steal back the minerals, what he is talking about is called “lapsed minerals”, which means if you own minerals and you show no activity with them (simply recording a document against the lands in the courthouse in the county you have minerals in) for 20 years, the surface owner can claim them way easier than you would think. I don’t have time to get into all of it right now but it is way too easy to steal those minerals with little effort. </p><p></p><p>Short version is this: The surface owner has to make a reasonable effort to contact the mineral owner by putting it in a newspaper for 2 consecutive weeks. Problem is if you don’t live in that county or read that newspaper, you won’t see it. They also have to try to contact them by their last known address. A few years ago I was running title on some lands and saw a notice of lapse along with a judgment giving over 100 mineral acres to the surface owner. The problem was the mineral owner (a petroleum company from out of state) still had the same address that they had for decades. How can the surface owner legitimately claim they reached out to the mineral owner in that case? The reason I know their address was still the same is a few weeks after the judgment, there was what’s called a statement of claim filed against these lands that showed the mineral owner was still operating under the same name and same address. </p><p></p><p>Allen, I didn’t say I was ok with the redistribution as you call it. I just understand why it’s necessary. I own minerals (not currently under production) and also own a small working interest in over 20 wells and am self employed so I think they are already coming after my income.</p><p></p><p>Also, sure some communities benefitted from the oil boom but if you lived in Williston for example, your home values shot through the roof and your property tax went way up. Not to mention the cost of living got crazy expensive for a lot of people. I know I was paying $5800 a month for an extended stay hotel that I only used Monday through Thursday every week. I thought the production tax was like 5% and thought most of that money stayed in the county the oil was extracted from. Again, with there being so many out of state mineral owners and the state of ND being the biggest mineral owner and being exempt from the production tax, I understand why I’d be pissed if I lived in one of those counties and had to foot the bill by my property taxes going through the roof, cost of living skyrocketing and having to deal with shitty roads and not having enough infrastructure to accommodate the huge influx of people coming to work the boom. The majority of people I know that came up here for the boom didn’t pay income tax here because they weren’t considered residents. Maybe I am wrong but that’s how I understood it.</p></blockquote><p></p>
[QUOTE="Marbleyes, post: 198067, member: 675"] When Allen says it is legal to steal back the minerals, what he is talking about is called “lapsed minerals”, which means if you own minerals and you show no activity with them (simply recording a document against the lands in the courthouse in the county you have minerals in) for 20 years, the surface owner can claim them way easier than you would think. I don’t have time to get into all of it right now but it is way too easy to steal those minerals with little effort. Short version is this: The surface owner has to make a reasonable effort to contact the mineral owner by putting it in a newspaper for 2 consecutive weeks. Problem is if you don’t live in that county or read that newspaper, you won’t see it. They also have to try to contact them by their last known address. A few years ago I was running title on some lands and saw a notice of lapse along with a judgment giving over 100 mineral acres to the surface owner. The problem was the mineral owner (a petroleum company from out of state) still had the same address that they had for decades. How can the surface owner legitimately claim they reached out to the mineral owner in that case? The reason I know their address was still the same is a few weeks after the judgment, there was what’s called a statement of claim filed against these lands that showed the mineral owner was still operating under the same name and same address. Allen, I didn’t say I was ok with the redistribution as you call it. I just understand why it’s necessary. I own minerals (not currently under production) and also own a small working interest in over 20 wells and am self employed so I think they are already coming after my income. Also, sure some communities benefitted from the oil boom but if you lived in Williston for example, your home values shot through the roof and your property tax went way up. Not to mention the cost of living got crazy expensive for a lot of people. I know I was paying $5800 a month for an extended stay hotel that I only used Monday through Thursday every week. I thought the production tax was like 5% and thought most of that money stayed in the county the oil was extracted from. Again, with there being so many out of state mineral owners and the state of ND being the biggest mineral owner and being exempt from the production tax, I understand why I’d be pissed if I lived in one of those counties and had to foot the bill by my property taxes going through the roof, cost of living skyrocketing and having to deal with shitty roads and not having enough infrastructure to accommodate the huge influx of people coming to work the boom. The majority of people I know that came up here for the boom didn’t pay income tax here because they weren’t considered residents. Maybe I am wrong but that’s how I understood it. [/QUOTE]
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