In some states, mineral rights you do not actively use can be lost. In others they never lapse. This is the condition of severed mineral ownership across all fifty states and D.C., in one map and one table: dormant mineral acts, lapse periods, forced pooling and surface damages acts. Free to read, free to cite.
Quick answer: Whether a severed mineral interest can be lost to nonuse depends on the state. Some states let an unused interest lapse or revert to the surface owner under a dormant mineral act or civil law prescription, while many others, including Texas, never extinguish minerals through nonuse. This page maps every state's rule, the governing statute, and how an owner preserves the interest.
A dormant mineral statute lets a severed mineral interest that has gone unused for a set period, often 20 years, revert to the surface owner. Several major producing states deliberately have no such law, so minerals there never lapse. That single difference decides whether an heir who forgets an interest keeps it or loses it.
The American Mineral Registry Dormancy Risk Score rates each state from 0 to 100 on how easily an absent owner can lose a severed mineral interest through nonuse. It reflects whether the state lets minerals lapse and how short the clock is. Higher means easier to lose. Louisiana ranks highest. 31 of the 51 jurisdictions score zero, because minerals there do not lapse at all. Each state also has its own page with its full rule, statute and what to do.
| Rank | State | Risk score | Mechanism | Clock | Key statute |
|---|---|---|---|---|---|
| 1 | Louisiana | 100 | Lapses by nonuse | 10 years | La. Mineral Code, La. Rev. Stat. 31:27 |
| 2 | California | 84 | Lapses by nonuse | 20 years | Cal. Civ. Code 883.210 to 883.270 |
| 3 | Connecticut | 84 | Lapses by nonuse | 20 years | Conn. Gen. Stat. 47-33m to 47-33t (Dormant Mineral Interests Act) |
| 4 | Indiana | 84 | Lapses by nonuse | 20 years | Ind. Code 32-23-10 (Mineral Lapse Act) |
| 5 | Kansas | 84 | Lapses by nonuse | 20 years | Kan. Stat. Ann. 55-1601 to 55-1607 |
| 6 | Maryland | 84 | Lapses by nonuse | 20 years | Md. Code, Environment 15-1201 et seq. |
| 7 | Michigan | 84 | Lapses by nonuse | 20 years | Dormant Minerals Act, MCL 554.291 |
| 8 | North Dakota | 84 | Lapses by nonuse | 20 years | N.D.C.C. 38-18.1 |
| 9 | Ohio | 84 | Lapses by nonuse | 20 years | Dormant Mineral Act, R.C. 5301.56 |
| 10 | Tennessee | 84 | Lapses by nonuse | 20 years | Tenn. Code 66-5-108 (Acts 1987, ch. 282) |
| 11 | Washington | 84 | Lapses by nonuse | 20 years | Wash. Rev. Code 78.22.010 et seq. |
| 12 | Nebraska | 79 | Lapses by nonuse | 23 years | Neb. Rev. Stat. 57-228 to 57-231 |
| 13 | South Dakota | 79 | Lapses by nonuse | 23 years | S.D.C.L. 43-30A |
| 14 | Oregon | 68 | Lapses by nonuse | 30 years | Or. Rev. Stat. 517.180 |
| 15 | Florida | 45 | Special mechanism | See note | Fla. Stat. ch. 712 (Marketable Record Title Act) |
| 16 | Illinois | 45 | Special mechanism | See note | 765 ILCS 515 (Severed Mineral Interest Act) |
| 17 | Kentucky | 45 | Special mechanism | See note | Ky. Rev. Stat. 353.460 to 353.470 |
| 18 | Minnesota | 45 | Special mechanism | See note | Minn. Stat. 93.52, 93.55 |
| 19 | Pennsylvania | 45 | Special mechanism | See note | 58 Pa. Stat. 701.1 et seq. (Dormant Oil and Gas Act) |
| 20 | West Virginia | 45 | Special mechanism | See note | W. Va. Code 55-12A-1 et seq. |
| 21 | Alabama | 0 | Does not lapse | No clock | n/a |
| 22 | Alaska | 0 | Does not lapse | No clock | n/a |
| 23 | Arizona | 0 | Does not lapse | No clock | n/a |
| 24 | Arkansas | 0 | Does not lapse | No clock | n/a |
| 25 | Colorado | 0 | Does not lapse | No clock | n/a |
| 26 | D.C. | 0 | Does not lapse | No clock | n/a |
| 27 | Delaware | 0 | Does not lapse | No clock | n/a |
| 28 | Georgia | 0 | Does not lapse | No clock | n/a |
| 29 | Hawaii | 0 | Does not lapse | No clock | n/a |
| 30 | Idaho | 0 | Does not lapse | No clock | n/a |
| 31 | Iowa | 0 | Does not lapse | No clock | n/a |
| 32 | Maine | 0 | Does not lapse | No clock | n/a |
| 33 | Massachusetts | 0 | Does not lapse | No clock | n/a |
| 34 | Mississippi | 0 | Does not lapse | No clock | n/a |
| 35 | Missouri | 0 | Does not lapse | No clock | n/a |
| 36 | Montana | 0 | Does not lapse | No clock | n/a |
| 37 | Nevada | 0 | Does not lapse | No clock | n/a |
| 38 | New Hampshire | 0 | Does not lapse | No clock | n/a |
| 39 | New Jersey | 0 | Does not lapse | No clock | n/a |
| 40 | New Mexico | 0 | Does not lapse | No clock | n/a |
| 41 | New York | 0 | Does not lapse | No clock | n/a |
| 42 | North Carolina | 0 | Does not lapse | No clock | n/a |
| 43 | Oklahoma | 0 | Does not lapse | No clock | Marketable Record Title Act |
| 44 | Rhode Island | 0 | Does not lapse | No clock | n/a |
| 45 | South Carolina | 0 | Does not lapse | No clock | n/a |
| 46 | Texas | 0 | Does not lapse | No clock | n/a |
| 47 | Utah | 0 | Does not lapse | No clock | n/a |
| 48 | Vermont | 0 | Does not lapse | No clock | n/a |
| 49 | Virginia | 0 | Does not lapse | No clock | n/a |
| 50 | Wisconsin | 0 | Does not lapse | No clock | n/a |
| 51 | Wyoming | 0 | Does not lapse | No clock | n/a |
Methodology: no dormant act scores 0. A special mechanism, a trust or registration that reaches unlocated or unregistered owners without simple nonuse reversion, scores 45. A lapse by nonuse scores 60 to 100, rising as the dormancy clock shortens, so Louisiana at a 10 year prescription tops the scale. This is a transparent index for comparison, not legal advice.
Each tile is one state, sized equally so small states stay readable. Color shows whether unused mineral rights can be lost. A white dot marks a surface damages act. Filter, then click a state for the detail.
Pick your state and how long since the interest was last used, leased, produced or recorded. This gives a plain reading of the state rule. It is general information, not legal advice.
Select a state and a time range to see the reading.
The same data, sortable and searchable. The status column shows how firmly each entry is sourced, from confirmed statute to entries that still need a primary source check.
| State | Unused minerals | Lapse period | Surface damages act | Forced pooling | Key statute | Source status |
|---|---|---|---|---|---|---|
| Alabama | Does not lapse | Does not lapse | No | Yes | n/a | No dormant act (surveyed) |
| Alaska | Does not lapse | Does not lapse | No | Yes | n/a | No dormant act (surveyed) |
| Arizona | Does not lapse | Does not lapse | No | Yes | n/a | No dormant act (surveyed) |
| Arkansas | Does not lapse | Does not lapse | No | Yes | n/a | Sourced |
| California | Can lapse / revert | 20 years | No | Yes | Cal. Civ. Code 883.210 to 883.270↗ | Sourced |
| Colorado | Does not lapse | Does not lapse | Yes | Yes | n/a | Sourced |
| Connecticut | Can lapse / revert | 20 years | No | Verify | Conn. Gen. Stat. 47-33m to 47-33t (Dormant Mineral Interests Act)↗ | Sourced |
| D.C. | Does not lapse | Does not lapse | No | Verify | n/a | No dormant act (surveyed) |
| Delaware | Does not lapse | Does not lapse | No | Verify | n/a | No dormant act (surveyed) |
| Florida | Special mechanism | See note | No | Verify | Fla. Stat. ch. 712 (Marketable Record Title Act)↗ | Sourced |
| Georgia | Does not lapse | Does not lapse | No | Yes | n/a | No dormant act (surveyed) |
| Hawaii | Does not lapse | Does not lapse | No | Verify | n/a | No dormant act (surveyed) |
| Idaho | Does not lapse | Does not lapse | No | Yes | n/a | No dormant act (surveyed) |
| Illinois | Special mechanism | See note | Yes | Yes | 765 ILCS 515 (Severed Mineral Interest Act)↗ | Sourced |
| Indiana | Can lapse / revert | 20 years | Yes | Yes | Ind. Code 32-23-10 (Mineral Lapse Act)↗ | Sourced |
| Iowa | Does not lapse | Does not lapse | No | Verify | n/a | No dormant act (surveyed) |
| Kansas | Can lapse / revert | 20 years | No | Yes | Kan. Stat. Ann. 55-1601 to 55-1607↗ | Sourced |
| Kentucky | Special mechanism | See note | Yes | Yes | Ky. Rev. Stat. 353.460 to 353.470↗ | Sourced |
| Louisiana | Can lapse / revert | 10 years | No | Yes | La. Mineral Code, La. Rev. Stat. 31:27↗ | Sourced |
| Maine | Does not lapse | Does not lapse | No | Verify | n/a | No dormant act (surveyed) |
| Maryland | Can lapse / revert | 20 years | No | Verify | Md. Code, Environment 15-1201 et seq.↗ | Sourced |
| Massachusetts | Does not lapse | Does not lapse | No | Verify | n/a | No dormant act (surveyed) |
| Michigan | Can lapse / revert | 20 years | No | Yes | Dormant Minerals Act, MCL 554.291↗ | Sourced |
| Minnesota | Special mechanism | See note | No | Verify | Minn. Stat. 93.52, 93.55↗ | Sourced |
| Mississippi | Does not lapse | Does not lapse | No | Yes | n/a | No dormant act (surveyed) |
| Missouri | Does not lapse | Does not lapse | No | Yes | n/a | No dormant act (surveyed) |
| Montana | Does not lapse | Does not lapse | Yes | Yes | n/a | Sourced |
| Nebraska | Can lapse / revert | 23 years | No | Yes | Neb. Rev. Stat. 57-228 to 57-231↗ | Sourced |
| Nevada | Does not lapse | Does not lapse | No | Yes | n/a | No dormant act (surveyed) |
| New Hampshire | Does not lapse | Does not lapse | No | Verify | n/a | No dormant act (surveyed) |
| New Jersey | Does not lapse | Does not lapse | No | Verify | n/a | No dormant act (surveyed) |
| New Mexico | Does not lapse | Does not lapse | Yes | Yes | n/a | Sourced |
| New York | Does not lapse | Does not lapse | No | Yes | n/a | No dormant act (surveyed) |
| North Carolina | Does not lapse | Does not lapse | No | Yes | n/a | No dormant act (surveyed) |
| North Dakota | Can lapse / revert | 20 years | Yes | Yes | N.D.C.C. 38-18.1↗ | Sourced |
| Ohio | Can lapse / revert | 20 years | No | Yes | Dormant Mineral Act, R.C. 5301.56↗ | Sourced |
| Oklahoma | Does not lapse | Does not lapse | Yes | Yes | Marketable Record Title Act | Sourced |
| Oregon | Can lapse / revert | 30 years | No | Yes | Or. Rev. Stat. 517.180↗ | Sourced |
| Pennsylvania | Special mechanism | See note | No | Yes | 58 Pa. Stat. 701.1 et seq. (Dormant Oil and Gas Act)↗ | Sourced |
| Rhode Island | Does not lapse | Does not lapse | No | Verify | n/a | No dormant act (surveyed) |
| South Carolina | Does not lapse | Does not lapse | No | Verify | n/a | No dormant act (surveyed) |
| South Dakota | Can lapse / revert | 23 years | Yes | Yes | S.D.C.L. 43-30A↗ | Sourced |
| Tennessee | Can lapse / revert | 20 years | Yes | Yes | Tenn. Code 66-5-108 (Acts 1987, ch. 282)↗ | Sourced |
| Texas | Does not lapse | Does not lapse | No | Limited | n/a | Sourced |
| Utah | Does not lapse | Does not lapse | No | Yes | n/a | No dormant act (surveyed) |
| Vermont | Does not lapse | Does not lapse | No | Verify | n/a | No dormant act (surveyed) |
| Virginia | Does not lapse | Does not lapse | No | Yes | n/a | No dormant act (surveyed) |
| Washington | Can lapse / revert | 20 years | No | Yes | Wash. Rev. Code 78.22.010 et seq.↗ | Sourced |
| West Virginia | Special mechanism | See note | Yes | Yes | W. Va. Code 55-12A-1 et seq.↗ | Sourced |
| Wisconsin | Does not lapse | Does not lapse | No | Verify | n/a | No dormant act (surveyed) |
| Wyoming | Does not lapse | Does not lapse | No | Yes | n/a | No dormant act (surveyed) |
For owners and advisors dealing with minerals in more than one state.
This reference is compiled from state codes and published legal analysis. It tracks four dimensions of severed mineral ownership: whether a dormant mineral statute can cause unused interests to lapse, the lapse period, whether the state has a surface damages act, and whether it allows forced or compulsory pooling. Where a statute is identified, the citation links to the official state code so you can read the primary source.
Mineral law is technical and it changes. Rather than present every cell as settled fact, each state carries an honest status:
Compiled and maintained by the American Mineral Registry research team, a brand of American Mineral Registry LLC. Last reviewed June 2026, 2026 edition. Next scheduled review June 2027. Statute citations for twenty states link directly to the official state code or legislature site, and every entry is either sourced to a primary statute or confirmed by national statutory survey, so any reader can verify it.
Each state entry is built from the primary statute and corroborating legal analysis. Where a primary source is available online it is linked. Corrections are logged below and credited. To report an error or a statute change, write to offers@americanmineralregistry.com. The full data, headline figures and a downloadable map sit in the press kit and data page.
This page keeps a stable address and a permanent open licence. Each year the edition is refreshed and the prior figures preserved in the changelog, so a citation made today stays verifiable.
American Mineral Registry. Mineral Rights Laws by State: Dormant Mineral Acts, Forced Pooling and Surface Damages. 2026. https://americanmineralregistry.com/research/mineral-rights-by-state.html
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For headline figures, a downloadable map and chart, the full dataset and ready citation formats, see the press kit and data page.
Licensed under Creative Commons Attribution 4.0. Use the data, the map or the table anywhere, including commercially, with a link back to this page. Journalists, attorneys and analysts are welcome to quote any figure with attribution.
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