Dormant Mineral Statutes
State-by-state guide to severed mineral interest preservation requirements.
Reviewed by Jason Beck, CPL, CTFA, Chief Client Officer at Valor · September 2026. General information about mineral ownership, not legal, tax, or investment advice.
19 of 25 statute sources rechecked in October 2026 (the dated rows in the table); the rest were last fully checked in July 2026. Reviewed by Jason Beck, CPL, CTFA, Chief Client Officer, September 2026. Valor does not give legal, tax, or investment advice. Consult an attorney licensed in your state. Valor is a mineral management firm, not a law firm, and provides no legal advice. Nothing on this page is legal advice and no attorney-client relationship is created by it. The statutory citations here are general reference only; dormancy and abandonment rules differ by state and change over time. Confirm your own situation with an attorney licensed in the state where your land sits.
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. Civ. Code §§ 883.210–883.270 Checked Oct. 4, 2026 |
The owner of the real property may bring a court action to terminate a mineral right that has been dormant for the 20 years before the action: no production or other operations affecting the minerals, no taxes paid on a separate assessment of the mineral right, and no recorded instrument creating, transferring or otherwise evidencing it. A mineral right is not dormant if a notice of intent to preserve it was recorded within those 20 years. During an action, the court must permit the mineral owner to record a late notice on payment of the litigation expenses. |
| Connecticut | 1987 | Conn. Gen. Stat. §§ 47-33m to 47-33t Checked Oct. 3, 2026 |
Connecticut's Dormant Mineral Interests Act lets the owner of the fee title bring a court action to terminate a mineral interest that has gone unused for the 20 years before the action is filed. A mineral owner may preserve the interest by recording a notice of intent to preserve it in the town land records. During an action, the court must permit a person claiming the interest to record a late notice on application and payment of the litigation expenses the court awards. |
| Florida | 7/1/1965 | Fla. Stat. §§ 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 | O.C.G.A. § 44-5-168 | 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 § 32-23-10 | Notice of intent to preserve the mineral estate must be filed in the county where the interest is located every 20 years. |
| Iowa | 1991; amended 6/2/2026 | Iowa Code ch. 557C, as amended by 2026 Iowa Acts ch. 1176 Checked Oct. 4, 2026 |
Amended in 2026. The chapter originally covered only mineral interests in coal; 2026 Iowa Acts ch. 1176 (H.F. 2531, effective 6/2/2026) extends it to severed interests in oil, gas, other hydrocarbons and other listed minerals. As amended, a severed mineral interest is abandoned if it has not been active for 20 years after its creation, transfer, or preservation, unless a statement of claim is filed with the county recorder, and title to an abandoned interest vests in the surface owner. New § 557C.2A lists what makes an interest active, such as production, operations, or a recorded instrument that refers to the interest within the last 20 years. A statement of claim is not required where the interest was separately taxed for real estate tax purposes after 7/1/1971, the tax was paid, the interest has not been subject to a tax sale, and it has not been conveyed to the surface owner under § 331.310 or § 458A.20. The published Code chapter may not yet show the amendments, so read it together with the session law. |
| Kansas | 7/1/1983 | Kan. Stat. Ann. § 55-1601 Checked Oct. 4, 2026 |
A mineral interest that goes unused for 20 years lapses and reverts to the current surface owner unless a statement of claim is filed with the register of deeds in the county where the land is located. A late statement still preserves the interest if it is filed within 60 days after notice of the lapse is published or, if no notice is published, within 60 days after the owner learns of the lapse. |
| Louisiana | 1/1/1975 | La. 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. |
| Maine | 1983 | Me. Rev. Stat. tit. 14, § 6662 Checked Oct. 3, 2026 |
The fee simple owner of the land may bring a court action to extinguish a mineral interest. The court orders the interest extinguished if it was not used during the 50 consecutive years before the complaint and no statement of claim is filed with the county registry of deeds within two years after notice of the complaint is served. Sand, gravel and water are not minerals under this section. |
| Maryland | Actions from 10/1/2011 | Md. Code, Envir. § 15-1203 Checked Oct. 9, 2026 |
A surface owner may bring an action to terminate a dormant mineral interest. An interest is dormant if it has been unused for 20 or more years and no notice of the interest was recorded during that period. The action follows the notice requirements of a quiet title action. During an action, the court must permit the mineral owner to record a late notice of intent to preserve on payment of the surface owner's litigation expenses, unless the interest has been unused for 40 years or more. |
| Michigan | 9/6/1963 | Mich. Comp. Laws § 554.291 | Notice of intent to preserve the mineral estate must be filed in the county where the interest is located every 20 years. |
| Minnesota | 1969 | Minn. Stat. § 93.55 Checked Oct. 9, 2026 |
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. An interest acquired after 12/31/1973 must have a verified statement recorded within one year after it is acquired. An interest with a recorded statement that was later conveyed between 12/31/1969 and 7/1/2007 without a new statement is exempt from forfeiture if substantial compliance is shown and a new statement is recorded within one year of any conveyance on or after 7/1/2007. Otherwise, failure to record within the applicable period results in forfeiture to the State of Minnesota, after notice and an opportunity for hearing. |
| Nebraska | 1967 | Neb. Rev. Stat. § 57-229 Checked Oct. 9, 2026 |
A severed mineral interest is treated as abandoned unless, within the 23 years before an action is filed under §§ 57-228 to 57-231, the record owner publicly exercised ownership in one of three ways: a recorded instrument such as a sale, lease, mortgage or transfer of the interest; drilling, mining or producing; or a verified claim of interest recorded in the county. Each such act extends the interest for 23 years. Interests owned by the state or its political subdivisions are excluded. |
| New York | - | N.Y. Real Prop. Law § 329-a Checked Oct. 4, 2026 |
Not a statewide dormant mineral act and not an ongoing lapse rule. The section applies only to oil and gas interests severed from lands the state now owns within Allegany State Park. An interest unused for the 20 years before the section took effect was extinguished, with ownership reverting to the state, unless a statement of claim was filed with the Cattaraugus County Clerk within two years after the effective date. After that window, only the limited late-filing cure in subdivision 6 remains. |
| North Carolina | 1965 onward | N.C. Gen. Stat. §§ 1-42.1 to 1-42.9 Checked Oct. 9, 2026 |
A series of sections, each with its own cutoff dates and several limited to particular counties. Under § 1-42.1, a severed oil, gas or mineral interest reserved 50 years or more before 9/1/1965 is extinguished in favor of a surface owner with a 50-year record chain of title if the interest was not being worked or had not been listed for ad valorem taxes for the 10 years before 1/1/1965, unless a notice was recorded within two years after 9/1/1965. Separately, under § 1-42.1(d), in 15 named counties (Anson, Buncombe, Durham, Franklin, Guilford, Hoke, Jackson, Montgomery, Person, Richmond, Swain, Transylvania, Union, Wake and Warren) all severed oil, gas and mineral interests had to be listed for ad valorem taxes and have a notice recorded within two years from 9/1/1967 to be effective against the surface owner and that owner's creditors, purchasers, heirs or assigns. Sections 1-42.2 through 1-42.9 add further schemes with later dates, some limited to a single county (Ashe, Avery, Alleghany, Chatham, Rutherford). Which section applies depends on the county and the dates involved. |
| North Dakota | 7/1/1983 | N.D. Cent. Code § 38-18.1-01 Checked Oct. 4, 2026 |
A mineral interest unused for the 20 years before the first publication of a notice of lapse is deemed abandoned, and title vests in the surface owner, unless a statement of claim has been recorded with the county recorder. After notice, the record owner can still preserve the interest within 60 days after first publication by filing a statement of claim or documentation of a qualifying use during that 20-year period. |
| Ohio | Current version effective 1/30/2014 | Ohio Rev. Code § 5301.56 Checked Oct. 4, 2026 |
A severed mineral interest is deemed abandoned and vests in the surface owner only if none of the following applies: (1) the interest is in coal, or in rights exercisable in connection with an interest in coal; (2) the interest is held by a federal, state or local governmental entity; or (3) within the 20 years before the surface owner's notice, a saving event occurred, such as a recorded title transaction, actual production, use in underground gas storage, a drilling or mining permit with a recorded affidavit, a recorded claim to preserve, or a separately listed tax parcel number for the interest. The surface owner must serve notice of intent to declare the interest abandoned on each holder by certified mail (publishing in a county newspaper only if service cannot be completed), then file an affidavit of abandonment with the county recorder at least 30 but not later than 60 days after the notice. A holder who disputes the abandonment has 60 days after the notice to file with the county recorder either a claim to preserve the interest or an affidavit identifying a saving event within the prior 20 years, and must notify the surface owner of the filing. If the holder does not file in time, the surface owner files a notice of failure to file, and the interest vests in the surface owner once that notice is recorded. An interest can be preserved indefinitely by successive recorded claims to preserve. |
| Oregon | 1983 | Or. Rev. Stat. § 517.180 Checked Oct. 9, 2026 |
A landowner may extinguish another person's mineral interest by publishing notice for three consecutive weeks (and mailing it if the holder's address is known or can be determined) and submitting a copy of the notice and an affidavit of publication to the county clerk for recording within 15 days after the last publication, unless the holder recorded a statement of claim with the county clerk within the last 30 years or acquired the interest within the previous 30 years. After notice, the holder can still prevent extinguishment by submitting a statement of claim to the county clerk within 60 days after the last publication. Sand and gravel interests and government-held interests are excluded. |
| South Dakota | 1985 | S.D. Codified Laws §§ 43-30A-1 to 43-30A-10 Checked Oct. 4, 2026 |
A mineral interest is abandoned if it has not been used for 23 years or more, and title then vests in the surface owner. An interest counts as used if, among other things, minerals are produced, it is subject to a pooling or unitization agreement, a conveyance, lease or similar instrument that specifically refers to it was recorded within the last 23 years, or the record owner records a statement of claim with the register of deeds in the county where the interest is located before the 23-year period ends. To take title, the surface owner must publish a notice of lapse once a week for three weeks in the county's official newspaper and mail a copy to the record owner's address of record. The record owner can still prevent abandonment by recording a statement of claim within 60 days after publication is completed. Interests owned by a governmental body are exempt. |
| Tennessee | 1982 | Tenn. Code Ann. § 66-5-108 | 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. |
| Vermont | Current text effective 6/6/2024 | Vt. Stat. Ann. tit. 29, § 563 Checked Oct. 4, 2026 |
Covers interests in oil and gas, and other minerals created in the same instrument. An interest is deemed abandoned if it has been unused for a continuous 10 years after 7/1/1973 and no statement of interest was filed in the land records within the preceding five years; an abandoned interest reverts to the surface estate. This does not apply to an interest retained by the owner who originally severed the mineral estate from the surface. The surface owner may give notice of abandonment by publication; if the mineral owner's address is shown of record, the notice must also be mailed by certified or registered mail within 10 days after publication. The notice and an affidavit may then be filed in the land records. |
| Virginia | 1924 | Va. Code § 45.2-400 Checked Oct. 9, 2026 |
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. Alternatively, the presumption applies where the right was exercised, the minerals have been exhausted, and the right of mining or boring has been abandoned for 35 years or more. The statutory presumption does not apply to lands lying west of the Blue Ridge Mountains. |
| Washington | 1984 | Wash. Rev. Code ch. 78.22 Checked Oct. 4, 2026 |
After a mineral interest has been unused for 20 years, the surface owner may extinguish it by giving the mineral owner 60 days' notice of intention to file a claim of abandonment and then filing the claim with the county auditor. Notice must be by personal service or registered mail to the owner's last known address; publication is allowed only if the owner is unknown to the county treasurer and cannot be determined after due diligence. A copy of the notice and an affidavit must be submitted to the county auditor within 15 days after service or the last publication. The mineral owner may preserve the interest by filing a statement of claim with the county auditor, including within the 60-day notice period. Mineral interests owned by public entities are exempt. |
| West Virginia | - | W. Va. Code §§ 55-12A-1 to 55-12A-10 Checked Oct. 3, 2026 |
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. |
| Wisconsin | 1984 | Wis. Stat. § 706.057 Checked Oct. 4, 2026 |
A severed interest in minerals lapses if it was not used during the previous 20 years. Use includes mining, recording a conveyance of the interest, paying property taxes on it, or recording a statement of claim with the register of deeds. The surface owner may claim a lapsed interest by recording a statement of claim. The mineral owner cures a lapse by recording a statement of claim before the surface owner records one or before a surface owner's earlier-recorded claim takes effect, whichever is later. |
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.
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Dormant mineral rights: frequently asked questions
Not by themselves. A severed mineral interest lasts indefinitely unless a state dormant mineral statute applies and the interest goes unused for the statutory period, typically 20 years, without a preservation notice being recorded. A number of states have such a statute or a related mechanism, listed in the table on this page; Texas does not. Where one applies, the surface owner can start a process to have the dormant interest vest in the surface estate, and the mineral owner can stop it by recording a claim or notice of intent to preserve.
In a state without a dormant mineral statute, indefinitely, passing by deed, will, or inheritance like any real property. In a state with one, the clock is the statutory dormancy period, usually 20 years measured from the last use of the interest, such as production, a recorded lease or conveyance, tax payment, or a recorded preservation notice. Recording a new preservation notice restarts the period. The table on this page gives each state's statute and the mechanism it uses.
It varies by statute, which is why the table links each one, but the common list is production, a recorded lease, a recorded conveyance or assignment, payment of taxes on the interest, and a recorded notice of intent to preserve or claim. Ohio's statute, for example, requires the surface owner to notify the holder and record an abandonment, and the holder can defeat it by recording a claim or an affidavit identifying a qualifying event within the prior 20 years. Confirm the specific events with an attorney in the state where the minerals are located.
No. A dormant mineral statute concerns the ownership of the mineral interest itself and whether it reverts to the surface owner. Unclaimed property concerns money, royalty or bonus that an operator could not deliver and turned over to the state treasurer, which the owner can still claim. An interest can be producing and generating unclaimed funds without being dormant, and an interest can be dormant with no money owed at all. Valor's guide to finding unclaimed mineral funds covers the money side.
Answers summarize the statutes in the table above and are general information, not legal advice; confirm your state's current rule with an attorney licensed there.
Dormancy risk by state
Whether a mineral interest can lapse — and on what timeline — is set by the law of the state where the land sits. Start with your state's mineral-rights guide, then confirm what you actually own and whether any revenue is already waiting for you:
Not sure the minerals under your land are yours to begin with? See how to find out whether you own the mineral rights to your property. If an interest has been dormant, revenue may have accrued in your name without your knowing — check unclaimed mineral and royalty funds, and browse the mineral rights glossary for any term above.
Key Takeaways
- Statute varies by state: Ohio (Ohio Rev. Code § 5301.56), Indiana (Ind. Code § 32-23-10), and North Dakota (N.D. Cent. Code ch. 38-18.1) each set an explicit 20-year dormancy period; Texas, Oklahoma, and several major producing states have no dormant mineral act at all. Louisiana reaches a similar result through a different doctrine — prescription of a mineral servitude for ten years of non-use — rather than a dormancy statute.
- Triggering events vary: Most DMAs require a 20-year period of no production, no recorded transfer, no payment to the mineral owner, and no other 'savings event' before abandonment can begin.
- Notice is required: Surface owners typically must publish or record an abandonment notice; mineral owners can preserve rights by recording a 'claim of interest' before the statutory deadline.
- Inherited and long-held interests at risk: Mineral owners with no recent contact, no production, or no recorded heirship are most vulnerable — heirs of long-deceased owners are common targets.
- Action: If you've received a DMA notice or believe your interests may be dormant, act before the statutory period expires — recording a claim is typically all that's needed.
- How Valor helps: Contact Valor to review your DMA exposure and record protective claims of interest.
