Dormant Mineral Statutes
State-by-state guide to severed mineral interest preservation requirements.

What Are Dormant Mineral Statutes?

Dormant mineral statutes (also known as dormant mineral acts or mineral lapse statutes) are state laws that can cause severed mineral interests to revert to the surface owner if certain conditions are not met. These laws were enacted to address the problem of "orphaned" mineral interests that have been separated from surface ownership and become difficult to locate or manage.

If you own mineral rights in a state with a dormant mineral statute, it is critical to understand the preservation requirements and filing deadlines to protect your ownership interests. Failure to comply with these statutes can result in the loss of your mineral rights.

State-by-State Dormant Mineral Statutes

The following table summarizes dormant severed mineral statutes by state. Note that this information is provided for educational purposes and should not be considered legal advice. Consult with a qualified attorney for specific guidance regarding your mineral interests.

State	Effective Date	Statute	Comments
California	1/1/1985	Cal. (Civil) Code 883.210 - 883.270	Notice of intent to preserve the mineral estate must be filed in the county where the interest is located every 20 years.
Florida	7/1/1965	Fla Statute Ann. 712.01-712.11	Under the provisions of Florida's Marketable Title Act, a person who, alone or together with his predecessors in title, has been vested in any estate in land of record for 30 years or more, is deemed to own the estate free and clear of all claims including a dormant mineral interest underlying the surface estate. A specific reference to any muniment of title, including a dormant mineral interest, in any document filed of record during the 30 year period of record ownership will preserve the dormant mineral interest as will actual possession, a separate tax assessment or the filing of a notice of claim in regard to the same. The notice must have been filed of record in the county where the land is located by 7/1/1965, or within 30 years of the date of the filing of the document creating the dormant mineral estate.
Georgia	1978	Ga. Code Ann. 85-407.1	Provides for the termination of a dormant mineral interest that has gone unworked and untaxed for a seven-year period of time. The filing of a statement of claim and/or notice does not appear possible under Georgia law.
Indiana	9/2/1971	Ind. Code Ann. 32-5-11-3	Notice of intent to preserve the mineral estate must be filed in the county where the interest is located every 20 years.
Kansas	7/1/1983	Kan. Statute Ann. 55-1601	Notice of intent to preserve the mineral estate must be filed in the county where the interest is located every 20 years.
Louisiana	1/1/1975	La. Mineral Code R. S. 31.27	If a mineral servitude is created without a specific term, prescription of non-use commences running from the date of creation and accrues ten years later unless interrupted by good faith drilling operations on or obtained from the servitude or acreage pooled therewith. If no activity after ten years all minerals automatically revert to the surface owner.
Michigan	9/6/1963	Mich. Statue Ann. 26.2263(1)	Notice of intent to preserve the mineral estate must be filed in the county where the interest is located every 20 years.
Minnesota	1/1/1975	Minn. Statue Ann 93.55	A dormant mineral interest acquired on or before 12/31/1973 is preserved only if a statement of claim was filed by 1/1/1975 in the county where the holding is located. Failure to file the statement of claim within the statutory period results in forfeiture to the State of Minnesota.
Nebraska	1984	Neb. Statute 57-229	Notice of intent to preserve the mineral estate must be filed in the county where the interest is located every 23 years.
North Dakota	7/1/1983	N.D. Century Code 38-18-1.01	Notice of intent to preserve the mineral estate must be filed in the county where the interest is located every 20 years.
Ohio	Amended 6/30/2006	Ohio Rev. Code 5301.56(B)	The bill provides that, before a mineral interest can become vested in the owner of the surface of the lands subject to that interest, none of the requirements in Sec. 5301.56(B) must apply: (1) the mineral interest is in coal, or in mining or other rights pertinent to or exercisable in connection with an interest in coal; (2) the mineral interest is held by any federal, state, or local governmental entity; (3) several circumstances within the last 20 years have not occurred and the surface owner must do two things: 1) notify the holder, or the holder's successor or assigns, of the owner's intent to declare the mineral interest abandoned, and 2) file an abandonment in the office of the county recorder of each county in which the surface of the land that is subject to the interest is located, at least 30 days but no later than 60 days, after the date of such notice is served or published. However, if the mineral interest holder or holder's successor or assigns claim that the mineral interest is that is the subject of the notice has not been abandoned, any one of these individuals must file in the appropriate county recorder's office no later than 60 days after the notice: 1) a claim to preserve the mineral interest, 2) an affidavit that identifies an event that has occurred in the past 20 years from the date the aforementioned notice was served or published. If the holder or holder's successor assigns do not follow these procedures to preserve the mineral interest and avoid abandonment, the appropriate county recorder shall memorialize the record on which the severed mineral interest is based, and the mineral interest shall vest in the owner of the surface lands.
South Dakota	1983	S.D. Codified Laws Ann. 43-30-1	A notice of claim, filed of record, in the county of ownership, on or before 23 years from the date of the document creating the mineral severance on or before 7/1/1958, whichever is the latest, will preserve the dormant mineral interest. The mineral act requires filing a new notice every ten years.
Tennessee	1982	Tenn. Code Ann. 66-7-103	In addition to providing for a 10-year maximum term for non-producing oil and gas leases, Tennessee provides for the statutory expiration of dormant mineral interests 10 years after the execution date of the document creating the same. Mineral interests created prior to 3/16/1939 are exempt from statutory termination until six months following cessation of commercial production.
Virginia	1924	VA, Code 55-154	Virginia's Dormant Minerals Act allows a surface owner to institute a suit to extinguish a dormant mineral interest if the interest was created by a document made 35 years or more prior to the suit. The mineral interest must have remained dormant since its creation. Further, all taxes must have been charged and paid by the surface owner and no transfer of record involving the interest can have occurred during the 35-year period. The owner then must explore and discover commercial minerals. Absent discovery within a six-month period the mineral interest will be extinguished and vested in the surface owner.
West Virginia	-	WV Code Sec 55-12A-1-55-12A-10	It is the intent of the Legislature, in empowering the circuit courts of the state, as provided in this article, to facilitate development of coal, oil, gas and other minerals, as part of the state, by removing certain barriers to such development caused by interests in minerals owned by unknown or missing owners or by abandoning owners. This statute does not provide for the typical filing of a periodic claim in the county of ownership but the mineral owner has seven years after the date of the special commissioner lease to re-open the action by filing a motion to re-open the action and present proof as the court may deem necessary to establish their identity and title.

Need Help Protecting Your Mineral Rights?

Navigating dormant mineral statutes can be complex, and the consequences of non-compliance can be significant. Valor's mineral management services include monitoring filing deadlines and ensuring your mineral interests are properly preserved. Contact us to learn how we can help protect your mineral assets.