Unused minerals are at risk in Michigan. A severed interest that sits idle for 20 years can be extinguished in favor of the surface owner under Dormant Minerals Act, MCL 554.291.
Quick answer: In Michigan, a severed mineral interest is not permanent: it can revert to the surface owner if it goes unused. Michigan's Dormant Minerals Act applies to oil and gas and reverts a dormant interest to the surface owner after 20 years with no sale, lease, development or recorded notice. The governing statute is Dormant Minerals Act, MCL 554.291. To keep it alive, record a notice of intent to preserve, or use the oil and gas interest within 20 years (Mich. Comp. Laws 554.291). If you may sell, confirm the clock has been met first.
In Michigan, a severed mineral interest unused for 20 years can be extinguished and revert to the surface owner under Dormant Minerals Act, MCL 554.291. As of June 2026.
Michigan's Dormant Minerals Act applies to oil and gas and reverts a dormant interest to the surface owner after 20 years with no sale, lease, development or recorded notice. In practice, if 20 years pass with no use, lease, production, or recorded preservation, the surface owner can move to clear the interest, which makes the last activity date the number that matters.
Michigan scores 84 out of 100 on the Dormancy Risk Score and ranks number 7 of 51 for how easily an absent owner can lose a severed interest.
The Michigan Dormant Minerals Act of 1963, Mich. Comp. Laws 554.291, covers severed oil and gas interests. The 20 year clock is reset by a recorded sale, lease, mortgage, or transfer, by the issuance of a drilling permit, by actual production or withdrawal including from pooled or unitized lands, or by use in underground storage. The owner can also record a notice of intent to preserve under 554.292.
The Michigan Supreme Court upheld the Dormant Minerals Act, and the U.S. Supreme Court dismissed the appeal in 1982.
Enter the date the interest was last used, such as a sale, lease, recorded filing, drilling permit, or production, to see when it could lapse and exactly what resets the clock.
Michigan authorizes forced pooling, so development proceeds while a non consenting owner receives a statutory return rather than a negotiated one.
No surface damages act is in force in Michigan, so surface owners look to the lease and common law for recourse.
Yes. A severed interest in Michigan left unused for 20 years can be extinguished and pass to the surface owner.
20 years of nonuse can trigger it, subject to the notice the surface owner must give and the owner chance to preserve.
Yes, Michigan permits forced pooling.
Record a notice of intent to preserve, or within 20 years record a sale, lease, mortgage, or transfer, obtain a drilling permit, or produce oil or gas (Mich. Comp. Laws 554.291 and 554.292).
American Mineral Registry. Mineral Rights in Michigan. 2026. https://americanmineralregistry.com/research/states/michigan.html
This page is a plain language reference compiled from the state code and published legal analysis. It is general information, not legal advice. Confirm against the current Michigan code or a licensed attorney before acting.