there is an alternative method of mineral recovery available. The owner of mineral rights can also convey such rights to a trustee, to be held by the trustee for the benefit of one or more persons – including the grantor of such mineral rights. the surface rights and 25% of the mineral rights will be. The result may be remote family relatives unknowingly sharing ownership of the mineral rights. the life tenant may petition the court for an order declaring a creation of a trust, and the appointment of a trustee. Phone: 763-780-8390 gary@dahlelaw.com 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. Information provided herein is only for general informational and educational purposes. 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. 38-18.1-03). In North Dakota, public real property ownership records are maintained in each county by a County Recorder. We purchase mineral rights throughout the North Dakota Bakken Shale Formation, and we aim to give every mineral owner a fair offer for their assets. Nevertheless, according to the North Dakota Supreme Court: “the surface owner is entitled to not have the surface negligently used and to have existing uses reasonably accommodated“. However, the reverse is also true – persons may believe that they own certain North Dakota mineral rights, but a review of the title records may indicate otherwise. 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. Navigate Your Mineral Rights. will obtain a lease of the mineral rights from the owner. Sell Your Mineral Rights to 1280 Royalties, LLC. However, if there is no alternative means of recovering the minerals, the mineral owner may pursue the only means possible to find and develop the minerals, despite the adverse impact it may have on existing surface activities. Title ownership of real property in North Dakota can be divided between: In most cases, surface and mineral rights in North Dakota were originally owned by the same person or entity. 2704 Mounds View Blvd. 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. An omnibus bill for statehood for North Dakota, South Dakota, Monta… As North Dakota law allows the "severing" of mineral interest (often called "mineral rights") from "surface ownership," the tracing of this ownership can become complex. Bakken Shale North Dakota – Short article describing geology, location & counties within the Bakken Shale of North Dakota. Licensed to practice in Minnesota: DahleLaw.com. 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. 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. the income derived from leasing those rights. An overview of the mineral resources of North Dakota, with photographs, maps, and references. In North Dakota – subject to certain limitations – the right to exploit the underground minerals has priority over the rights of the surface owner to the use of the surface. Section 30.1-04-01 North Dakota Intestate Estate, North Dakota Intestate Succession – Historical, North Dakota Probate – Limited Legal Representation, North Dakota Subsequent Probate Administration, North Dakota Unsupervised Probate Closing, North Dakota Probate Settlement Agreements, Drilling Operations and Cessation of Production, North Dakota Deed Reservations – Mineral Interests, Life Estates, North Dakota Mineral Rights Purchase Offer, North Dakota Unlocatable Mineral Owner Trust. North Dakota Mineral Rights – Partial Reservation of Mineral Rights. G.        A proper statement of claim is recorded… (N.D.C.C. 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. 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. Burleigh County, ND Mineral Rights. The North Dakota Industrial Commission is responsible for overseeing mineral development in the state – so some government monitoring of such activities is provided at the state level. Call 1-844-769-2548 The transfer includes the oil, gas and other minerals of every kind and nature. begin developing or producing any oil, gas, or other minerals upon discovery. Producing Mineral Rights Value in North Dakota. Discussions here should be specifically related to this geographic area. refuses to execute the lease for undeclared reasons. Pursuant to NDCC 38-18.1-02 any mineral interest is, if unused for a period of twenty years immediately preceding the first publication of the notice required by section 38-18.1-06, deemed to be abandoned, unless a statement of claim is recorded in accordance with section 38-18.1-04. 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. Emmons County, ND Mineral Rights. Topics of Interest – North Dakota Intestate Succession. “A mineral interest is deemed to be used when: A. After such conveyances – providing that they are done properly: Upon Swen’s death, if he leaves his mineral rights to his three children – Ole, Lena, and Hildegard – as an inheritance, then: Complete mineral rights can be owned by multiple owners either as: Each tenant-in-common or joint tenant of mineral rights will have to consent to lease their mineral interests by signing a mineral lease. Grant County, ND Mineral Rights. What does it mean, having mineral rights? … On a drilling rig or oilfield, the results of an accident can be devastating and even fatal. 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. 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. It is always advisable to retain the services of a North Dakota attorney in order to assist the owner in determining the extent of any mineral rights. The North Dakota oil boom not only increased job growth, giving the state the lowest unemployment rate in the country, but it also increased capital for mineral rights owners. It has been estimated that North Dakota surface rights owners currently own only 25% of the North Dakota mineral rights – with the other 75% of the mineral rights owned by other persons. http://www.legis.nd.gov/general-information/north-dakota-century-code. Edward C. Murphy, Assistant Director Geological Survey, State Geologist : North Dakota Industrial Commission. This page introduces that statute and a case in which the North Dakota Supreme Court interpreted the statute. It is not uncommon for individuals to be unaware that they own North Dakota severed mineral rights. Mineral rights buyers from all over the country will also know your property is for sale. In situations where the ownership of mineral rights is not well-established, it may be necessary for a person claiming mineral rights to commence a “quiet title” action in a North Dakota District Court, which will allow the court to review the available title evidence, and determine the owner(s) of the mineral rights. 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. Such a deed grantor would be the  holder of a life estate in the mineral rights (a “life tenant“) and the deed grantee would be the holder of the remainder interests. In North Dakota and other oil-producing states, it's common for a piece of property to have separate owners for the surface and for the underground mineral rights. 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. 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. When your mineral and surface rights are at risk, we work hard to level the playing field. Generally speaking the mineral rights value in North Dakota for leased mineral rights will be between 2x to 3x the lease bonus. During the lifetime of the life tenant, he or she would be entitled to receive all of the cash rent and royalty payments which may be generated during his or her life with respect to such interest. Prior to European contact, Native Americans inhabited North Dakota for thousands of years. A court appointed guardian or conservator will need to decide if, when, and for how much consideration any mineral rights of the ward or incapacitated person should be leased, providing that the guardian or conservator has such authority under the laws of the state where the guardian or conservator was appointed. Our list of cases covers a range of legal mineral rights and energy law matters, including: Oil and gas contracts; Lease review and negotiation These rights are separate from land ownership. confirmed that mineral rights include inherent rights to use the surface of the land to find and develop the minerals. Title to the abandoned mineral interest vests in the owner or owners of the surface estate in the land in or under which the mineral interest is located on the date of abandonment.”. 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. for some other reason, cannot execute the lease. As discussed above, the surface owner may or may not own the mineral rights. Gary C. Dahle, Attorney at Law, provides the http://www.dahlelaw.com and https://www.dahlelawnorthdakota.com web sites and its contents on an “as is” basis, and makes no representations or warranties concerning site content or function, including but not limited to any warranty of accuracy, completeness, or currency. 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. 8: 298: March 18, 2018 wellbore only interest in Mountrail, McKenzie and Divide Counties. Written for oil and gas mineral rights and royalty owners in ND. Since most minerals rights are not exploited directly by individuals owners, it is common for an oil company to acquire the right to develop the oil or minerals from the owner or lessee of the mineral rights. Bottineau County, ND Mineral Rights. The General Mineral Deed in North Dakota transfers oil, gas, and mineral rights from the grantor to the grantee. The general rule applicable to the conveyance of ownership of mineral rights is reversed with respect to any lease of mineral rights. 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. if production begins during the period of the lease. share in any bonus payments which may be available. the oil company will also have the right to continue to produce the minerals, or oil and gas, for as long as production occurs – which could be decades. To have mineral rights means you own the minerals beneath the surface of the land. The basic legal premise is that "if nothing is stated in the document, ownership of attached mineral rights transfer with the ownership of surface rights." Start here if you’re a newbie. Based in Minot, our dedicated oil and gas law attorney is ready to protect your rights and obtain results for you. Licensed to practice in North Dakota: DahleLawNorthDakota.com In addition, joint tenants who sign separate leases relating to their individual ownership interests may “sever” the joint tenancy, thereby converting it into a tenancy in common, which may or may not be the result which they intended. North Dakota mineral rights law involves many complex legal issues. 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. Therefore, the rights to scoria should be preserved whenever possible. While each tenant-in-common or joint tenant will be free to contract either separately, or collectively, with oil leasing companies, it may be in their best interests for all tenants-in-common or joint tenants to negotiate with one lessee, and sign the same lease. 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. The grantee’s remainder interests in the mineral rights will develop into complete ownership of such interests upon the death of the life tenant. Topics of Interest – North Dakota Informal Probate, Gary C. Dahle – Attorney at Law Share your experience regarding lease bonus offers, royalty rates, drilling activity, and general oil gas related news. may not have been aware of such mineral rights. 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. The first European to reach the area was the French-Canadian trader La Vérendrye, who led an exploration party to Mandanvillages in 1738. 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. Clients are accepted by Gary C. Dahle, Attorney at Law, only after preliminary personal communications with him, and subject to mutual agreement on terms of representation. North Dakota Mineral Deed. but is unable to locate or determine the owners of the remainder interest. In North Dakota, mineral rights are transferred in one of three ways: by deed (there are numerous kinds), probate or court action. Sell North Dakota Mineral Rights If you own mineral rights or royalty rights in an oil and gas producing region (such as in northwestern North Dakota), your mineral rights and royalties could be valuable and we would be interested in discussing a potential sale. 678: 1928: April 5, 2018 Non-participation wells. there is an existing surface use that would be unduly interfered with by one method of mineral recovery. 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. North Dakota has extensive shale resources that can provide significant income to property owners. After any such severance and transfer, ownership of the surface rights and mineral rights: After a severance of the mineral rights from the surface rights, there would no longer be any ownership connection between: 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. 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. 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. Topics of Interest – North Dakota Ancillary Probate, Topics of Interest – North Dakota Transfer on Death Deeds, Topics of Interest – North Dakota Affidavits of Heirship. There are any minerals produced under that interest. Divide County, ND Mineral Rights. Please use caution in communicating over the Internet. If you have mineral rights in Western North Dakota, continue reading to learn your rights. North Dakota mineral rights law involves many complex legal issues. A mineral rights owner does not necessarily have to own the land property itself but must have a legal agreement with the property owner. Cass County, ND Mineral Rights. explore for oil and minerals on the property. 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. Nevertheless, with respect to an oil and gas lease, all “associated” hydrocarbons produced in a liquid or gaseous form shall be deemed to be included in the lease. 46: 2202: August 15, 2018 Bakken Shale - Oil & Gas Discussion archives. It is not uncommon for: North Dakota Mineral Rights – Sharing Ownership of the Mineral 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. If you want to buy mineral rights in Williams County North Dakota, see the listing details below. Obtaining a complete title examination of the mineral ownership records years later may be difficult, but necessary, in order to properly determine the identity of the current mineral owners. which will allow the mineral or oil company to develop the minerals on the property. North Dakota Mineral Owners by County. Even when the words “all other minerals” or similar words of an all-inclusive nature are used with respect to any lease, such a phrase may NOT result in the lease of any minerals – except those which are specifically named in the lease. Appraisal for Mineral Rights. However, if you got a bad lease, or the market has gone down since you leased, you could see a value outside of that range. Statement of Claim Form. Documents affecting real property transactions are to be recorded in the office of County Recorder of … Cavalier County, ND Mineral Rights. Mounds View, MN 55112, Phone:  763-780-8390   Fax:     763-780-1735      gary@dahlelaw.com. Oil & Gas 101 – General information for mineral rights owners. If you own producing mineral rights, this means you get an oil and gas royalty check each month for your share of production. Thereafter, the trustee will be authorized to execute a mineral lease, which will allow the production company to develop the mineral resource – pursuant to Section 38-13.1 N.D.C.C. Mineral rights owners have been given a new window of opportunity to profit from their ownership. 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.
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