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<blockquote data-quote="Marbleyes" data-source="post: 198076" data-attributes="member: 675"><p>I should have been more clear in my above statement where I called them “lapsed minerals” the technical term is dormant or abandoned minerals. I just refer to them as lapsed minerals for work since the surface owner would file a notice of lapse. Also, I see I wrote that it has to be published in the county newspaper for 2 weeks, it’s 3 consecutive weeks. Not that that changes much but figured I’d clarify.</p><p></p><p>Allen, as far as your above quote above goes, This is not my area of expertise so don't take my word for it but I think once the wells are drilled, the status of an unlocatable mineral owner changes a bit because they would be force pooled within the spacing unit being drilled. I think adverse possession may be used to get those minerals after like 10 years or something like that (I’m not 100% sure on that though but obviously it still can’t be taken until the 20 year abandoned mineral law) but I don’t believe the surface owner would get the bonus money or royalty money, I think that money ends up with the state dealing with unclaimed property waiting to be claimed by the owner or their heirs.</p><p></p><p>On a little different note, our state recognizes the “duhig rule” which was a court case out of Texas and it has caused a fair amount of people to lose minerals because they hired attorneys who don’t know what they were doing or were just too lazy to research the laws of our state.</p></blockquote><p></p>
[QUOTE="Marbleyes, post: 198076, member: 675"] I should have been more clear in my above statement where I called them “lapsed minerals” the technical term is dormant or abandoned minerals. I just refer to them as lapsed minerals for work since the surface owner would file a notice of lapse. Also, I see I wrote that it has to be published in the county newspaper for 2 weeks, it’s 3 consecutive weeks. Not that that changes much but figured I’d clarify. Allen, as far as your above quote above goes, This is not my area of expertise so don't take my word for it but I think once the wells are drilled, the status of an unlocatable mineral owner changes a bit because they would be force pooled within the spacing unit being drilled. I think adverse possession may be used to get those minerals after like 10 years or something like that (I’m not 100% sure on that though but obviously it still can’t be taken until the 20 year abandoned mineral law) but I don’t believe the surface owner would get the bonus money or royalty money, I think that money ends up with the state dealing with unclaimed property waiting to be claimed by the owner or their heirs. On a little different note, our state recognizes the “duhig rule” which was a court case out of Texas and it has caused a fair amount of people to lose minerals because they hired attorneys who don’t know what they were doing or were just too lazy to research the laws of our state. [/QUOTE]
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