Abandoned Mineral Rights in Georgia

How the rule works

Seven years of no work and no taxes paid, then a surface owner petition for title (O.C.G.A. § 44-5-168). Where mineral rights have been conveyed, or reserved by the grantor in a fee simple conveyance of the land, the fee simple owner of the land may gain title to them by adverse possession if the mineral owner has neither worked nor attempted to work them nor paid any taxes due on them for seven years since the conveyance and for the seven years immediately before the petition. Title passes only through a superior court judgment and decree on the surface owner's petition; the mineral interest does not lapse on its own and there is no statement of claim to file. The section does not apply to a lease for a specific number of years or to a mineral owner who has leased the rights in writing to a mining operator. The 2026 amendment (HB 1268) is an editorial change to that lessee exception only.

What has to happen

The fee simple owner of the land, or heirs or assigns, files in the superior court of the county where the land lies a petition for relief in the nature of declaratory judgment. The petition names the grantor who reserved the mineral rights and known heirs, assigns and other interested persons with last known addresses, and shows the deed, the reservation or conveyance, and seven years before filing without work, attempted work or tax payment. Service is made as on defendants in an in rem proceeding, including by publication; anyone named or holding an interest may intervene. On a finding for the plaintiff the court issues a judgment and decree that the mineral rights have been lost and that the plaintiff has absolute title.

What counts as use or preserves the interest

Scope

Interests covered

Mineral rights that have been conveyed, or that were reserved by the grantor in a fee simple conveyance of the real property. Only the fee simple owner of the real property, or heirs or assigns, may petition. Excluded by subsection (f): a lease for a specific number of years, and an owner of mineral rights who has leased them in writing to a mining operator. The section does not say whether it reaches royalty, term or other nonparticipating interests.

Minerals covered

'Mineral rights', not defined in the section and not limited to oil and gas or any listed mineral; treated as all minerals.

Exceptions

A lease for a specific number of years (subsection (f))

An owner of mineral rights who has leased the mineral rights in writing to a mining operator as defined in Code Section 12-4-72 (subsection (f) from July 1, 2026; until then 'a licensed mining operator as defined in Part 3 of Article 2 of Chapter 4 of Title 12'). O.C.G.A. § 12-4-72(7) defines 'mining operator' as a person or entity 'engaged in or controlling' surface mining

Per the official annotation of Mixon v. One Newco, Inc., 863 F.2d 846 (11th Cir. 1989), the exception for licensed mining operators does not violate equal protection

The section is in derogation of the common law and is strictly construed (Larkin v. Laster, 254 Ga. 716 (1985), official annotation)

Enactment and amendments

Enacted by Ga. L. 1975, p. 725, § 1 as Code 1933, § 85-407.1, effective 1975. Per the official annotation of Milner v. Bivens, 255 Ga. 49 (1985), it applies to mineral rights created before 1975, but suit could not be brought until 1982, seven years after the effective date. Amended by Ga. L. 1987, p. 3, § 44. Amended by HB 1268 (Act 723, Ga. L. 2026, p. 1069, § 44(16)), passed House March 3, 2026 and Senate March 20, 2026, signed May 12, 2026, effective July 1, 2026. HB 1268 is the annual Code Revision Commission bill; its only change to this section substitutes 'mining operator as defined in Code Section 12-4-72.' for 'licensed mining operator as defined in Part 3 of Article 2 of Chapter 4 of Title 12.' in subsection (f). Subsections (a) to (e), the seven year period, the petition procedure and the effect did not change. The official code shows a version 'Effective until July 1, 2026' and a version 'Effective July 1, 2026'.

Dates and what they mean

The rule works through a court decision. A last use date plus the period shows only when a case could begin to be argued, not an outcome.

No lapse date follows from one last use date. The interest is lost only by court decree on a surface owner's petition, and the petition succeeds only if the seven years immediately before filing contain no work, no attempt to work and no payment of taxes due, which are fact questions (what counts as work, whether taxes were due and paid on the right parcel). At most a tool could say that a petition could not succeed before seven years after the latest of the conveyance, the last work or attempt to work, and the last tax payment, labeled illustrative and never shown as an expiry date. The rule cannot be reduced to a countdown from the last use.

Deceased or unlocated owner

Partly checked What the law of Georgia says when the owner of record has died, is unknown, or cannot be found. It sets out the questions; it does not decide who owns an interest, whether a notice was valid, or whether an interest ended.

Why only partly checked. Still open: court, receivership or trust for missing owners.

Georgia's unused mineral rights statute lets the surface owner gain title by a superior court judgment if the mineral owner or the owner's heirs or assigns have neither worked nor attempted to work the minerals nor paid taxes due on them for seven years. The petition must name the grantor who reserved the minerals and the names and last known addresses of his heirs or assigns and others known to have an interest, and service is made as in an in rem proceeding, including by publication. The text read states no separate diligence standard for finding heirs and does not say how death affects the seven year period.

Owner of record has died

The statute treats the inaction of the mineral owner's heirs or assigns like the owner's own (44-5-168(a)) and requires the petition to list the heirs' or assigns' names and last known addresses (44-5-168(b)(1)(B)). It does not say whether death affects the seven year period.

Current owner unknown

Not addressed in terms. The petition lists persons known to the plaintiff, and service may be made as on in rem defendants, including by publication (44-5-168(b)(1)(B), (b)(3)).

Owner known but cannot be found

Not addressed in terms beyond the petition's last known address requirement and in rem service including publication (44-5-168(b)(1)(B), (b)(3)).

How the nonuse rule treats these owners Statute and court decisions

Seven years without working, attempting to work or paying taxes due, by the owner or his heirs or assigns, lets the fee simple owner obtain title through a declaratory judgment. The Supreme Court of Georgia upheld the statute and described it as conditioning retention on use or tax payment.

Statute

1. The fee simple owner of the land or his heirs or assigns may gain title to severed mineral rights by adverse possession if the mineral owner or his heirs or assigns neither worked nor attempted to work them nor paid taxes due on them for seven years. O.C.G.A. 44-5-168(a) Onecle (unofficial mirror of O.C.G.A.). Read October 6, 2026. Unofficial copy. Source ID SRC-GA-011.

   “the owner of the real property in fee simple or his heirs or assigns may gain title to such mineral rights by adverse possession if the owner of the mineral rights or his heirs or assigns have neither worked nor attempted to work the mineral rights nor paid any taxes due on them for a period of seven years”

   Scope: Mineral rights conveyed, or reserved by the grantor in a fee simple conveyance. The inaction of the owner's heirs or assigns counts the same as the owner's. Unofficial mirror text dated 2016; wording must be confirmed on the official O.C.G.A. site, which could not be read on October 6, 2026.

2. Title passes only on a superior court judgment and decree declaring the mineral rights lost and the plaintiff's title absolute. O.C.G.A. 44-5-168(b)(2) Onecle (unofficial mirror of O.C.G.A.). Read October 6, 2026. Unofficial copy. Source ID SRC-GA-014.

   “Upon a finding in the plaintiff's favor, the court shall issue a judgment and decree declaring that the mineral rights involved have been lost and that the plaintiff has gained absolute title to such mineral rights;”

   Scope: Unofficial mirror text dated 2016; wording must be confirmed on the official O.C.G.A. site, which could not be read on October 6, 2026.

Court decisions

1. The court described the statute as conditioning retention of mineral rights on use or tax payment rather than itself divesting them. Hayes v. Howell, 251 Ga. 580 (1983), Division 2(b) Caselaw Access Project (Supreme Court of Georgia opinion). Read October 6, 2026. Source ID SRC-GA-018.

   “By the same token, the statute itself does not divest the mineral owner of his rights; it conditions the retention of those rights upon the requirements of either using them or paying taxes upon them for the public benefit.”

   Scope: Supreme Court of Georgia, controlling statewide. Says nothing about deceased, unknown or unlocated owners.

2. A federal appeals court, applying Georgia law in an unpublished opinion, restated the rule that a mineral owner loses rights by nonuse plus nonpayment of taxes. P.D. Miller Farms, LLC v. BASF Catalysts, LLC, No. 22-11375 (11th Cir. Jan. 5, 2023) (unpublished), slip op. at 7 United States Court of Appeals for the Eleventh Circuit. Read October 6, 2026. Source ID SRC-GA-019.

   “Put another way, when the mineral rights are separately held from the surface rights, “the owner of the mineral rights loses them by nonuse plus nonpayment of taxes.””

   Scope: Federal court applying Georgia law; persuasive only, unpublished. Quotes Fisch v. Randall Mill Corp., 262 Ga. 861 (1993), which was not read.

Heirs, devisees and successors Statute

Heirs and assigns appear on both sides: the fee owner's heirs or assigns may petition, and the mineral owner's heirs' or assigns' inaction counts. The petition must list the heirs' or assigns' names and last known addresses.

Statute

1. The fee simple owner of the land or his heirs or assigns may gain title to severed mineral rights by adverse possession if the mineral owner or his heirs or assigns neither worked nor attempted to work them nor paid taxes due on them for seven years. O.C.G.A. 44-5-168(a) Onecle (unofficial mirror of O.C.G.A.). Read October 6, 2026. Unofficial copy. Source ID SRC-GA-011.

   “the owner of the real property in fee simple or his heirs or assigns may gain title to such mineral rights by adverse possession if the owner of the mineral rights or his heirs or assigns have neither worked nor attempted to work the mineral rights nor paid any taxes due on them for a period of seven years”

   Scope: Mineral rights conveyed, or reserved by the grantor in a fee simple conveyance. The inaction of the owner's heirs or assigns counts the same as the owner's. Unofficial mirror text dated 2016; wording must be confirmed on the official O.C.G.A. site, which could not be read on October 6, 2026.

2. The surface owner's petition must give the name and last known address of the grantor who reserved the minerals and the names and last known addresses of his heirs or assigns or any other person known to have an interest. O.C.G.A. 44-5-168(b)(1)(B) Onecle (unofficial mirror of O.C.G.A.). Read October 6, 2026. Unofficial copy. Source ID SRC-GA-012.

   “Shall contain the name and last known address of the grantor of the property reserving the mineral rights and the names and last known addresses of his heirs or assigns or any other person known by the plaintiff to have an interest in the mineral rights;”

   Scope: Petitions under 44-5-168(b). The text requires last known addresses of persons known to the plaintiff; it does not state a duty to search or a diligence standard. Unofficial mirror text dated 2016; wording must be confirmed on the official O.C.G.A. site, which could not be read on October 6, 2026.

Search required to find the owner Statute

The petition must give last known addresses of the grantor, his heirs or assigns, and others known to the plaintiff to have an interest. No diligence standard is stated in the text read.

Statute

1. The surface owner's petition must give the name and last known address of the grantor who reserved the minerals and the names and last known addresses of his heirs or assigns or any other person known to have an interest. O.C.G.A. 44-5-168(b)(1)(B) Onecle (unofficial mirror of O.C.G.A.). Read October 6, 2026. Unofficial copy. Source ID SRC-GA-012.

   “Shall contain the name and last known address of the grantor of the property reserving the mineral rights and the names and last known addresses of his heirs or assigns or any other person known by the plaintiff to have an interest in the mineral rights;”

   Scope: Petitions under 44-5-168(b). The text requires last known addresses of persons known to the plaintiff; it does not state a duty to search or a diligence standard. Unofficial mirror text dated 2016; wording must be confirmed on the official O.C.G.A. site, which could not be read on October 6, 2026.

Who gets notice, and how Statute

Service is perfected as on defendants in an in rem proceeding, including service by publication.

Statute

1. Service is perfected as on defendants in an in rem proceeding, including service by publication. O.C.G.A. 44-5-168(b)(3) Onecle (unofficial mirror of O.C.G.A.). Read October 6, 2026. Unofficial copy. Source ID SRC-GA-013.

   “Service shall be perfected in the same manner as service on defendants in an in rem proceeding, including service by publication.”

   Scope: Petitions under 44-5-168(b). The general in rem service statutes that this refers to were not read, so the conditions for publication are not stated here. Unofficial mirror text dated 2016; wording must be confirmed on the official O.C.G.A. site, which could not be read on October 6, 2026.

Notice by publication Statute

Publication is a permitted method under the in rem service reference; the conditions for using it are in general in rem service law, which was not read.

Statute

1. Service is perfected as on defendants in an in rem proceeding, including service by publication. O.C.G.A. 44-5-168(b)(3) Onecle (unofficial mirror of O.C.G.A.). Read October 6, 2026. Unofficial copy. Source ID SRC-GA-013.

   “Service shall be perfected in the same manner as service on defendants in an in rem proceeding, including service by publication.”

   Scope: Petitions under 44-5-168(b). The general in rem service statutes that this refers to were not read, so the conditions for publication are not stated here. Unofficial mirror text dated 2016; wording must be confirmed on the official O.C.G.A. site, which could not be read on October 6, 2026.

How the owner responds or preserves Statute and court decisions

Before seven years run, the owner or heirs preserve the rights by working, attempting to work or paying taxes due on the minerals; landowner tax payments do not count. After a petition is filed, any person named or with an interest may intervene.

Statute

1. Any person named in the petition or having an interest in the mineral rights may intervene in the case. O.C.G.A. 44-5-168(d) Onecle (unofficial mirror of O.C.G.A.). Read October 6, 2026. Unofficial copy. Source ID SRC-GA-015.

   “Any person named in the petition or any person having an interest in the mineral rights shall have the right to intervene in a case brought under this Code section.”

   Scope: Heirs and others with an interest may intervene; the section sets no deadline for doing so. Unofficial mirror text dated 2016; wording must be confirmed on the official O.C.G.A. site, which could not be read on October 6, 2026.

Court decisions

1. The Supreme Court of Georgia held that the mineral owner's claim was preserved only by using the minerals or returning them for taxes. Hayes v. Howell, 251 Ga. 580 (1983), Division 2(a) Caselaw Access Project (Supreme Court of Georgia opinion). Read October 6, 2026. Source ID SRC-GA-016.

   “The preservation of the mineral owner’s claim under OCGA § 44-5-168 (Code Ann. § 85-407.1) depended only upon his use of the minerals or upon returning them for taxes.”

   Scope: Supreme Court of Georgia, controlling statewide. Upheld the statute against contract clause and retroactivity challenges for a 1957 reservation.

2. Taxes paid by the landowners in their capacity as landowners did not count as payment of taxes on the mineral rights by the mineral owner. Hayes v. Howell, 251 Ga. 580 (1983), Division 3 Caselaw Access Project (Supreme Court of Georgia opinion). Read October 6, 2026. Source ID SRC-GA-017.

   “As we read OCGA § 44-5-168 (Code Ann. § 85-407.1), it contemplates payment of taxes upon the mineral rights, as such, by the holder of the mineral rights who is not the owner of real property in fee simple.”

   Scope: Supreme Court of Georgia, controlling statewide.

Court, receivership or trust for missing owners Not yet verified

No verified statement yet.

What a title review must establish

1. Did the mineral owner, or the owner's heirs or assigns, work, attempt to work, or pay taxes assessed on the mineral rights as such in the relevant seven years?
2. Who are the reserving grantor's heirs or assigns, and did the petition list their names and last known addresses?
3. Was service made as in an in rem proceeding, and if by publication, on what showing?
4. Is there a superior court judgment and decree under 44-5-168(b)(2), or has any heir intervened?
5. Is the interest a lease for a specific number of years, or leased in writing to a mining operator, which the statute excludes?

Dates. Seven years since the date of the conveyance and for seven years immediately preceding the filing of the petition, without working, attempting to work or paying taxes due (44-5-168(a), unofficial text). Hayes v. Howell notes the earlier holding that suit could not be brought until seven years after the 1975 Act's effective date of July 1, 1975 (Nelson v. Bloodworth, not read). Nothing computed. The rule finder does not calculate this period.

What AMR searched. O.C.G.A. 44-5-168 read in full from an unofficial mirror (onecle, dated 2016) because the official public access site at advance.lexis.com is a script application that could not be read with curl; the October review captured the official site's search displays, which match this wording for (a) and (b). Hayes v. Howell (Ga. 1983) read in full via the Caselaw Access Project; P.D. Miller Farms v. BASF (11th Cir. 2023) read in full from the court's site. Not read: Fisch v. Randall Mill Corp. (Ga. 1993), Nelson v. Bloodworth (Ga. 1977), Georgia in rem service statutes, Georgia unclaimed property law, any Georgia Oil and Gas Act escrow provision. The Georgia code was not searched for unknown, unlocated or missing owner terms. A point marked not addressed means only that the provisions read do not address it; probate, quiet title and other general procedures may still apply and were not reviewed.

Not settled by this review.

Confirm the current official text, including the 2026 editorial amendment to subsection (f) (HB 1268) reported in the October review.

What Georgia's in rem service law requires (diligent search, affidavit, publication period) before publication against heirs whose addresses are unknown.

Whether any Georgia appellate decision addresses death of the mineral owner or unknown heirs under 44-5-168, or whether taxes due exist when minerals were never separately assessed.

Whether Georgia has any receiver, escrow or unclaimed proceeds procedure specific to unknown mineral owners.

Checked October 6, 2026. Also in the dormant mineral rule finder.

Forced pooling

Core rule cited O.C.G.A. § 12-4-45(a)(1), in the Part on deep drilling for oil, gas and other minerals, lets the board establish drilling units and, where owners of separately owned tracts in an established drilling unit have not agreed to integrate their interests, require them to integrate and develop their lands as a drilling unit.

1. O.C.G.A. § 12-4-45(a)(1)Official Code of Georgia Annotated, public access site of the Georgia Code Revision Commission on behalf of the General Assembly, maintained by LexisNexis. Official statute. Read October 1, 2026. Source ID SRC-GA-010.

Surface damages

No statute found No Georgia statute requiring oil and gas operators to notify or compensate surface owners for damage was found in the official code searches below.

Searched: Official O.C.G.A. public access site, whole code, searched October 1, 2026: "surface owner" AND (oil OR gas OR well) AND (damage OR damages OR compensate OR compensation) returned only the research references annotation to Title 12, Chapter 4, Article 2, Part 2; ("surface damage" OR "surface damages" OR "surface estate" OR "surface landowner") AND (drilling OR well) AND operator returned no documents; ("owner of the surface" OR "surface rights") AND "oil or gas" AND (damages OR compensation) returned no documents. Sections 12-4-40 to 12-4-54 were not read one by one.

Taxes

Broad personal income tax: yes. Full-year residents are taxed on all income regardless of source, nonresidents owe Georgia tax on income from Georgia sources, and the Department rule says a nonresident's gross income from rents includes all rents from real or personal property located in Georgia. Core rule cited Source and notes.

Severance or production tax. Not part of AMR’s October 2026 tax review, which covered 25 producing states; that is not a finding that Georgia levies none. Use the state revenue agency’s own pages.

Not tax advice. Rates change and the cited source controls.

Sources for the dormant mineral rule

Each source was read on the date shown. Where an official site was not available, the official page was read through a dated Internet Archive copy and that is stated.

1. O.C.G.A. § 44-5-168(a), version [Effective July 1, 2026] (identical wording in the version effective until July 1, 2026)Official Code of Georgia Annotated, public access site of the Georgia Code Revision Commission on behalf of the General Assembly, maintained by LexisNexis. Official statute. Read October 1, 2026. Source ID SRC-GA-001.

   “the owner of the real property in fee simple or his heirs or assigns may gain title to such mineral rights by adverse possession if the owner of the mineral rights or his heirs or assigns have neither worked nor attempted to work the mineral rights nor paid any taxes due on them for a period of seven years”

2. O.C.G.A. § 44-5-168(b)(2) and (b)(3)Official Code of Georgia Annotated, public access site of the Georgia Code Revision Commission on behalf of the General Assembly, maintained by LexisNexis. Official statute. Read October 1, 2026. Source ID SRC-GA-002.

   “the court shall issue a judgment and decree declaring that the mineral rights involved have been lost and that the plaintiff has gained absolute title to such mineral rights; and (3) Service shall be perfected in the same manner as service on defendants in an in rem proceeding, including service by publication.”

3. O.C.G.A. § 44-5-168(f), version [Effective July 1, 2026]Official Code of Georgia Annotated, public access site of the Georgia Code Revision Commission on behalf of the General Assembly, maintained by LexisNexis. Official statute. Read October 1, 2026. Source ID SRC-GA-003.

   “(f) Nothing in this Code section shall apply to a lease for a specific number of years nor to an owner of mineral rights who has leased the mineral rights in writing to a mining operator as defined in Code Section 12-4-72”

4. O.C.G.A. § 44-5-168, history line of the version [Effective July 1, 2026]Official Code of Georgia Annotated, public access site of the Georgia Code Revision Commission on behalf of the General Assembly, maintained by LexisNexis. Official statute. Read October 1, 2026. Source ID SRC-GA-004.

   “Code 1933, § 85-407.1, enacted by Ga. L. 1975, p. 725, § 1; Ga. L. 1987, p. 3, § 44; Ga. L. 2026, p. 1069, § 44(16)/HB 1268 , effective July ...”

5. HB 1268 (Act 723), LC 39 4848/AP as passed House and Senate, Section 44, paragraph (16), lines 987 to 990Georgia General Assembly. Session law. Read October 1, 2026. Source ID SRC-GA-005.

   “(16) Code Section 44-5-168, relating to adverse possession of mineral rights under certain conditions and procedure to obtain title, by substituting "mining operator as defined in Code Section 12-4-72." for "licensed mining operator as defined in Part 3 of Article 2 of Chapter 4 of Title 12." in subsection (f).”

6. HB 1268 status history, 2025 to 2026 Regular SessionGeorgia General Assembly. Session law. Read October 1, 2026. Source ID SRC-GA-006.

   “07/01/2026 Effective Date; 05/12/2026 Act 723; 05/12/2026 House Date Signed by Governor”

7. Summary of General Statutes Enacted, 2026, Act 723; HB 1268, and index entry for Code Section 44-5-168Office of Legislative Counsel, Georgia General Assembly. Official agency. Read October 1, 2026. Source ID SRC-GA-007.

   “This Act makes extensive editorial amendments to the Official Code of Georgia Annotated to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions and reenacts the statutory portion of the Code as so amended. Effective July 1, 2026.”

8. P.D. Miller Farms, LLC v. BASF Catalysts, LLC, No. 22-11375 (11th Cir. Jan. 5, 2023) (unpublished)United States Court of Appeals for the Eleventh Circuit. Court opinion. Read October 1, 2026. Source ID SRC-GA-008.

   “when the mineral rights are separately held from the surface rights, "the owner of the mineral rights loses them by nonuse plus nonpayment of taxes." Fisch v. Randall Mill Corp., 262 Ga. 861, 862 (1993)”

9. O.C.G.A. § 44-5-168, text before the 2026 amendment (page last modified October 14, 2016)onecle. Unofficial mirror. Read October 1, 2026. Source ID SRC-GA-009.

   “(e) In order to maintain the status quo pending the adjudication of the questions or to preserve equitable rights, the court may grant injunctions and other interlocutory extraordinary relief.”

Open questions for a specialist

This review did not settle these points. They are where a Georgia title attorney or landman should look first.

What changed

The June 2026 edition listed Georgia as Does not lapse, lapse period none. Release 2026.10 replaced that entry with the reviewed rule above, and retired the June risk score and ranking for every state. Release 2026.10.1 added the deceased or unlocated owner section. See all changes.

American Mineral Registry. "Abandoned Mineral Rights in Georgia." U.S. Mineral Rights Law Atlas, release 2026.10.1, October 6, 2026. https://americanmineralregistry.com/research/states/abandoned-mineral-rights-georgia

[Abandoned Mineral Rights in Georgia](https://americanmineralregistry.com/research/states/abandoned-mineral-rights-georgia), U.S. Mineral Rights Law Atlas, American Mineral Registry, release 2026.10.1 (2026-10-06).

<a href="https://americanmineralregistry.com/research/states/abandoned-mineral-rights-georgia">Abandoned Mineral Rights in Georgia</a>, U.S. Mineral Rights Law Atlas, American Mineral Registry, release 2026.10.1 (2026-10-06).

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  author = {{American Mineral Registry}},
  title = {Abandoned Mineral Rights in Georgia},
  howpublished = {U.S. Mineral Rights Law Atlas, release 2026.10.1},
  date = {2026-10-06},
  url = {https://americanmineralregistry.com/research/states/abandoned-mineral-rights-georgia}
}

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