North Dakota Dormant Mineral Act

How the rule works

Termination of mineral interest statute, 20 years before published notice. N.D.C.C. chapter 38-18.1 deems a severed mineral interest abandoned if it was unused for the 20 years immediately preceding the first publication of a surface owner's notice of lapse, unless a statement of claim was recorded; title then vests in the surface owner as of the date of abandonment. The surface owner must publish the notice for three weeks and, where the mineral owner's address is shown of record or can be found by reasonable inquiry, mail it within ten days after the last publication. Even after publication, the record owner keeps the interest by recording a statement of claim, or proof of a use in the 20 year window, within 60 days after first publication. The chapter reaches all minerals but not interests owned by a governmental body.

What has to happen

The surface owner publishes a notice of lapse once each week for three weeks in the official county newspaper and, if the mineral owner's address is shown of record or can be determined upon reasonable inquiry, mails a copy within ten days after the last publication (38-18.1-06(1) and (2)). The notice names the record owner, describes the land and names the surface owner giving it (38-18.1-06(3)). A copy of the notice and an affidavit of service are recorded with the county recorder and are prima facie evidence that notice was given (38-18.1-06(4)); the surface owner may record a statement of succession in interest (38-18.1-02, 38-18.1-06(5)). Reasonable inquiry means a search of county recorder records for uses, clerk of court records for judgments, liens or probate records, the social security death index, and one or more free public internet databases (38-18.1-06(6)). No court action is required. The surface owner may bring a quiet title action to perfect title, in which it must prove every step and a subsection 6 reasonable inquiry; the judgment is conclusive except for fraud, misrepresentation or other misconduct (38-18.1-06.1). The Supreme Court calls the procedure wholly self executing once notice is completed, meaning no later court action is needed, not that the interest lapses without notice (Nelson v. McAlester Fuel Co., 2017 ND 49, quoting Peterson v. Jasmanka, 2014 ND 40).

What counts as use or preserves the interest

Preservation filing

Statement of claim under 38-18.1-04, recorded by the owner of the mineral interest or the owner's representative with the recorder of the county where the interest is located, before the end of the 20 year period. It must contain the owner's name and address, a legal description of the land, and the type of mineral interest. A joint tenant, but not a tenant in common, may record for all joint tenants. A claim filed after July 31, 2009 by a person other than the owner of record is not effective unless it references the record owner under whom the claimant claims. The Department of Mineral Resources posts a statement of claim form as a convenience.

Scope

Interests covered

Any interest in the listed minerals, whether created by grant, assignment, reservation, or otherwise, owned by a person other than the owner of the surface estate (38-18.1-01). Interests owned by a governmental body or agency are excluded (38-18.1-08). The text does not separately address royalty, executive or leasehold interests.

Minerals covered

Oil, gas, coal, clay, gravel, uranium, and all other minerals of any kind and nature (38-18.1-01).

Exceptions

Mineral interests owned by any governmental body or agency (38-18.1-08).

Not a use: payment of royalties, bonus or any other payment into a named or unnamed interest bearing, trust, escrow or similar account for a person who cannot be located; such an account in existence for three years is abandoned property under chapter 47-30.2, and a lease given by a trustee remains valid (38-18.1-03(2)).

A statement of claim filed after July 31, 2009 by someone other than the owner of record does not preserve the interest unless it references the record owner under whom the claimant claims (38-18.1-04).

Enactment and amendments

The chapter applies both prospectively and retrospectively (38-18.1-08). The original enactment was not read; the 2009 act struck a transition clause allowing a statement of claim within two years after July 1, 1983. Amendments found in the official session law section tables: S.L. 2005, ch. 320 (HB 1344, approved April 11, 2005) put the uses into subsection 1 and added subsection 2 on payments into accounts; S.L. 2007, ch. 313 (HB 1045, approved March 2, 2007) added the statement of succession; S.L. 2009, ch. 317 (HB 1370, approved April 24, 2009) made the surface owner the notice giver, defined reasonable inquiry, replaced the 60 day cure in 38-18.1-05, added the rule for claims by non record owners after July 31, 2009, and created 38-18.1-06.1; S.L. 2015, ch. 62 (SB 2053, approved March 19, 2015) deleted payment of taxes as a use; S.L. 2021, ch. 337 (SB 2048, approved April 19, 2021) changed the unclaimed property cross reference to chapter 47-30.2. The Supreme Court states the 2007 and 2009 amendments to 38-18.1-06 took effect August 1, 2007 and August 1, 2009 and are not retroactive (Sorenson v. Felton, 2011 ND 33). No entries for the chapter in the 2003, 2011, 2013, 2017, 2019, 2023 or 2025 tables. Code text read from the official PDF built July 1, 2025.

Dates and what they mean

No loss date can be computed from a last use date alone in North Dakota. The look back period is counted from a notice the surface owner chooses to give, and the owner of record can still respond after it. The dormant mineral rule finder shows the look back window and response period once you enter an actual notice date.

A calculator cannot turn one last use date into a lapse date. The 20 years run back from the first publication of a surface owner's notice, which may never happen; until then nothing lapses, and a later recorded lease, conveyance, pooling order or statement of claim is a new use. Even after publication, the record owner has 60 days to record a statement of claim or proof of use. Last use plus 20 years is only the earliest date on which a published notice could find an empty 20 year window; it is illustrative, not a deadline or a loss date, and must not be labeled window closed. Given an actual first publication date, a calculator could show the 20 year look back window, the mailing deadline (ten days after the last of the three weekly publications) and the owner's 60 day response deadline.

Deceased or unlocated owner

Partly checked What the law of North Dakota 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. Whether mail to a record address still suffices for an owner known to be dead under the 2009 text is open; the case search was not exhaustive.

North Dakota's dormant mineral chapter runs against the record owner: the notice names the record owner and is mailed only if an address is of record or found by a defined reasonable inquiry, which since 2009 includes the Social Security death index and searches for known heirs. Under the pre 2009 text the Supreme Court held that a record address suffices even when the surface owner knows the record owner is dead, and no decision was found applying that rule to the 2009 text, which also requires proof of the inquiry to perfect title in court. Heirs own the interest from death, their recorded leases count as use, and they or their representatives can respond within sixty days. A separate chapter lets a co owner ask the district court to put the shares of unlocatable owners in a county treasurer trust, which does not block a lapse.

Owner of record has died

Notice names the record owner (38-18.1-06(3)(a)); the 2009 inquiry includes the Social Security death index if the owner is deceased and searches for known heirs (06(6)). Under the pre 2009 text, mailing to a dead record owner's record address complied (Capps 2014 ND 201). Heirs own from death and their recorded leases are uses (Christeson 2013 ND 50); non record owners respond by sworn affidavit within sixty days (38-18.1-05(2)).

Current owner unknown

Not separately addressed. The inquiry includes public databases to identify the owner or known heirs (06(6)(d)); where no address is of record or found, the provisions read require only publication. The 38-13.1 trust is framed around unknown whereabouts, not unknown identity.

Owner known but cannot be found

Publication alone where no address is of record or found by reasonable inquiry (06(2)). Proceeds held in an account for a person who cannot be located are not a use (03(2)). A co owner may petition for a county treasurer trust for owners whose whereabouts cannot reasonably be ascertained (38-13.1-01); the trust does not affect a lapse (38-13.1-03).

How the nonuse rule treats these owners Statute and court decisions

Twenty years of nonuse before first publication, then notice; title vests in the surface owner unless the owner responds. Account payments for an unlocatable owner are not a use, while a recorded lease by an unrecorded heir is.

Statute

1. A severed mineral interest unused for twenty years before the surface owner first publishes notice is deemed abandoned unless a statement of claim is recorded. N.D.C.C. 38-18.1-02 North Dakota Legislative Branch, North Dakota Century Code. Read October 6, 2026. Source ID SRC-ND-001.

   “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.”

   Scope: All severed mineral interests except those owned by a governmental body (38-18.1-08). Does not by itself say anything about deceased, unknown or unlocated owners.

2. Payments held in an account for a person who cannot be located are not a use that keeps the interest alive. N.D.C.C. 38-18.1-03(2) North Dakota Legislative Branch, North Dakota Century Code. Read October 6, 2026. Source ID SRC-ND-003.

   “The payment of royalties, bonus payments, or any other payment to a named or unnamed interest-bearing account, trust account, escrow account, or any similar type of account on behalf of a person who cannot be located does not satisfy the requirements of this section”

   Scope: Unlocated owners whose proceeds are held in suspense or trust accounts. The same subsection says such an account existing three years is treated as abandoned property under chapter 47-30.2, which was not reviewed.

Court decisions

1. A recorded lease by an heir who is legal owner but not owner of record is a use that prevents abandonment. Estate of Christeson v. Gilstad, 2013 ND 50, paragraph 15 North Dakota Supreme Court, CourtListener storage copy. Read October 6, 2026. Source ID SRC-ND-040.

   “Section 38-18.1-03(1)(d), N.D.C.C., does not require that the lease be executed by the owner of record, but merely provides that the recording of a lease of the mineral interest is deemed to be a use under N.D.C.C. ch. 38-18.1.”

   Scope: North Dakota Supreme Court, controls statewide. The notice there was mailed to two deceased record owners; the court decided the case on use and did not rule on the notice.

Heirs, devisees and successors Statute and court decisions

Heirs own from death and may preserve the interest; post 2009 claims by non record owners must reference the record owner, and non record owners respond by sworn affidavit. Devolution to heirs did not displace the record address for notice under the old text.

Statute

1. A person who is not the owner of record, such as an heir, may respond within sixty days by a sworn affidavit or declaration explaining the basis of the claimed title. N.D.C.C. 38-18.1-05(2) North Dakota Legislative Branch, North Dakota Century Code. Read October 6, 2026. Source ID SRC-ND-031.

   “A person other than the owner of record of the mineral interest files with the county recorder within sixty days after first publication of the notice provided for in section 38-18.1-06 an affidavit under oath or a declaration under oath which includes an explanation of the factual and legal basis for the person's assertion of title to the mineral interest.”

   Scope: Heirs, devisees and other unrecorded successors. The explanation must be accompanied by documentation or an explanation why documentation is unavailable.

2. A statement of claim filed after July 31, 2009 by someone other than the owner of record must reference the record owner under whom the claimant claims. N.D.C.C. 38-18.1-04 North Dakota Legislative Branch, North Dakota Century Code. Read October 6, 2026. Source ID SRC-ND-004.

   “A statement of claim filed after July 31, 2009, by a person other than the owner of record of the mineral interest is not effective to preserve a mineral interest unless accompanied by a reference to the name of the record owner under whom the owner of the mineral interest claims.”

   Scope: Statements of claim by heirs, devisees or other successors not yet of record.

Court decisions

1. Devolution of the interest to heirs at death did not mean the owner's address no longer appeared of record for notice purposes. Capps v. Weflen, 2014 ND 201, paragraph 12 North Dakota Supreme Court, CourtListener storage copy. Read October 6, 2026. Source ID SRC-ND-035.

   “The district court's ruling that the owner's address did not appear of record because the mineral interests devolved to Nelson's heirs upon her death under the Uniform Probate Code again ignores this Court's precedent”

   Scope: North Dakota Supreme Court, controls statewide. Applied the pre 2009 text of N.D.C.C. 38-18.1-06(2), before subsection 6 (reasonable inquiry search list) and section 38-18.1-06.1 were added by S.L. 2009 (HB 1370); whether the holding carries over to the current text is not decided in this opinion.

2. An heir becomes legal owner of the mineral interest immediately at the decedent's death, without a recorded transfer. Estate of Christeson v. Gilstad, 2013 ND 50, paragraph 9 North Dakota Supreme Court, CourtListener storage copy. Read October 6, 2026. Source ID SRC-ND-039.

   “Emmett Christeson, as Edyth Christeson's sole heir, succeeded to her interest and became legal owner of the mineral interest immediately upon her death.”

   Scope: North Dakota Supreme Court, controls statewide. Estate was not administered and nothing was recorded transferring the interest. Cites the probate code; probate law was not reviewed further.

Search required to find the owner Statute and court decisions

Since 2009, subsection 6 defines the reasonable inquiry (recorder, clerk of court and probate records, death index, public internet databases for owner or heirs) and proof of it is required to perfect title in court. Under the pre 2009 text the inquiry was required only where no address appeared of record, even if the owner was known to be dead.

Statute

1. A reasonable inquiry includes the Social Security death index if the owner is deceased and public internet databases to locate or identify the owner or known heirs. N.D.C.C. 38-18.1-06(6)(c) and (d) North Dakota Legislative Branch, North Dakota Century Code. Read October 6, 2026. Source ID SRC-ND-029.

   “c. The social security death index for the last-known residence of the owner of the mineral interest, if deceased; and d. One or more public internet databases to locate or identify the owner of the mineral interest or any known heirs of the owner.”

   Scope: Subsection 6 also requires searches of county recorder records for uses and of clerk of court records for judgments, liens or probate records; private fee databases are not required. Added in 2009.

2. To obtain a quiet title judgment perfecting title, the surface owner must prove to the district court that a subsection 6 reasonable inquiry was conducted. N.D.C.C. 38-18.1-06.1(2) North Dakota Legislative Branch, North Dakota Century Code. Read October 6, 2026. Source ID SRC-ND-030.

   “the owner or owners of the surface estate shall submit evidence to the district court establishing that all procedures required by this chapter were properly completed and that a reasonable inquiry as defined by subsection 6 of section 38-18.1-06 was conducted.”

   Scope: Actions to perfect title under 38-18.1-06.1, added in 2009. The provision does not say whether the inquiry is required where an address is of record.

Court decisions

1. Under the earlier text, a reasonable inquiry was required only where no address appeared of record, even if the surface owner knew the record owner was dead. Capps v. Weflen, 2014 ND 201, paragraph 13 North Dakota Supreme Court, CourtListener storage copy. Read October 6, 2026. Source ID SRC-ND-034.

   “We conclude a surface owner is required to conduct a reasonable inquiry only if the mineral owner's address does not appear of record, even if the surface owner knows the mineral owner whose address appears of record is deceased.”

   Scope: North Dakota Supreme Court, controls statewide. Applied the pre 2009 text of N.D.C.C. 38-18.1-06(2), before subsection 6 (reasonable inquiry search list) and section 38-18.1-06.1 were added by S.L. 2009 (HB 1370); whether the holding carries over to the current text is not decided in this opinion.

Who gets notice, and how Statute and court decisions

Publication plus mailing to the owner within ten days after the last publication if an address is of record or found. Case law under the old text: mail to the deceased owner's record address, to the most recent record address, statutory mailing is not a civil action, notice scheme is constitutional, mailing defects do not void a later quiet title judgment for want of jurisdiction.

Statute

1. Mailed notice to the mineral owner is required only where the owner's address is shown of record or can be found by the reasonable inquiry defined in subsection 6. N.D.C.C. 38-18.1-06(2) North Dakota Legislative Branch, North Dakota Century Code. Read October 6, 2026. Source ID SRC-ND-006.

   “if the address of the mineral interest owner is shown of record or can be determined upon reasonable inquiry as defined in subsection 6, notice must also be made by mailing a copy of the notice to the owner of the mineral interest within ten days after the last publication is made.”

   Scope: Current text, as amended by S.L. 2009 (HB 1370). Does not say whether a record address of an owner known to be dead suffices; see the case law propositions, which applied the earlier text.

2. The notice must name the record owner of the mineral interest. N.D.C.C. 38-18.1-06(3)(a) North Dakota Legislative Branch, North Dakota Century Code. Read October 6, 2026. Source ID SRC-ND-027.

   “The notice must state: a. The name of the record owner of the mineral interest;”

   Scope: All notices of lapse. The provision names the record owner, not heirs or successors.

Court decisions

1. Under the earlier text, notice to deceased owners of record must still be mailed to their record address. Capps v. Weflen, 2014 ND 201, paragraph 12 North Dakota Supreme Court, CourtListener storage copy. Read October 6, 2026. Source ID SRC-ND-035.

   “this Court made it clear that when the mineral interest owners of record are deceased, the notice must still be mailed to the address of the deceased owners of record.”

   Scope: North Dakota Supreme Court, controls statewide. Applied the pre 2009 text of N.D.C.C. 38-18.1-06(2), before subsection 6 (reasonable inquiry search list) and section 38-18.1-06.1 were added by S.L. 2009 (HB 1370); whether the holding carries over to the current text is not decided in this opinion. Describes Sorenson v. Alinder, 2011 ND 36.

2. Under the earlier text, where two addresses were of record and the surface owner knew of the newer one, notice had to go to the most recent address of record. Nelson v. McAlester Fuel Co., 2017 ND 49, paragraph 1 North Dakota Supreme Court, CourtListener storage copy. Read October 6, 2026. Source ID SRC-ND-036.

   “requires a surface owner to mail notice of lapse to the most recent address of record.”

   Scope: North Dakota Supreme Court, controls statewide. Applied the 2004 text of 38-18.1-06(2). Record owner was a company, not a deceased individual.

3. The statutory mailing is not part of a court action, so the civil procedure rules do not govern it. Halvorson v. Starr, 2010 ND 133, paragraph 10 North Dakota Supreme Court, CourtListener storage copy. Read October 6, 2026. Source ID SRC-ND-037.

   “The mailing required by N.D.C.C. §38-18.1-06 does not begin a civil action. It is not part of a procedure in the district court.”

   Scope: North Dakota Supreme Court, controls statewide. Also holds the ten day mailing period is computed under N.D.C.C. 1-02-15.

4. A defect in mailing the notice of lapse to a record owner who had died did not void a later quiet title judgment for lack of personal jurisdiction. Peterson v. Jasmanka, 2014 ND 40, paragraph 18 North Dakota Supreme Court, CourtListener storage copy. Read October 6, 2026. Source ID SRC-ND-038.

   “We conclude any defect in the mailing of the notice of lapse of mineral interest did not deprive the district court of personal jurisdiction in the subsequent quiet title action.”

   Scope: North Dakota Supreme Court, controls statewide. Record owner had died 27 years before the mailing. The court did not decide whether the mailing complied with 38-18.1-06(2); a fraud based challenge was held untimely.

5. The court rejected a due process challenge to the chapter's notice provisions. Capps v. Weflen, 2014 ND 201, paragraph 23 North Dakota Supreme Court, CourtListener storage copy. Read October 6, 2026. Source ID SRC-ND-042.

   “We conclude the Capps have failed to establish that the notice provisions of N.D.C.C. ch. 38-18.1 are unconstitutional on their face or as applied in this case.”

   Scope: North Dakota Supreme Court, controls statewide. Applied the pre 2009 text of N.D.C.C. 38-18.1-06(2), before subsection 6 (reasonable inquiry search list) and section 38-18.1-06.1 were added by S.L. 2009 (HB 1370); whether the holding carries over to the current text is not decided in this opinion.

Notice by publication Statute

Publication once a week for three weeks in the official county newspaper is always required; no separate condition must be met before publication is used.

Statute

1. Publication once a week for three weeks in the official county newspaper is required in every case, whether or not an address is known. N.D.C.C. 38-18.1-06(1) and (2) North Dakota Legislative Branch, North Dakota Century Code. Read October 6, 2026. Source ID SRC-ND-028.

   “The publication provided for in subsection 1 must be made once each week for three weeks in the official county newspaper of the county in which the mineral interest is located”

   Scope: Every notice of lapse. Publication is the only notice the provisions require when no address is of record and none is found by reasonable inquiry.

How the owner responds or preserves Statute and court decisions

Record owner records a statement of claim or proof of use within sixty days after first publication; a representative may record for heirs.

Statute

1. The owner of record can still save the interest by recording a statement of claim, or proof of a use, within sixty days after first publication. N.D.C.C. 38-18.1-05(1) North Dakota Legislative Branch, North Dakota Century Code. Read October 6, 2026. Source ID SRC-ND-005.

   “The owner of record of the mineral interest satisfies either one of the following requirements within sixty days after first publication of the notice provided for in section 38-18.1-06:”

   Scope: Owner of record. Subsection (2) covers persons other than the owner of record.

Court decisions

1. Heirs may preserve the interest through representatives who record the statement of claim for them; the agency need not be in writing. Larson v. Norheim, 2013 ND 60, paragraph 18 North Dakota Supreme Court, CourtListener storage copy. Read October 6, 2026. Source ID SRC-ND-041.

   “Section 38-18.1-04, N.D.C.C., allows an owner's representative to record a statement of claim and does not require the owner of the mineral interest to record the claim.”

   Scope: North Dakota Supreme Court, controls statewide. Applied the pre 2009 text. Heirs had no probate determination at the time. The court did not reach the trial court's finding that a reasonable inquiry for heirs was required.

Court, receivership or trust for missing owners Statute

Chapter 38-13.1, trusts for unlocatable mineral owners: district court trust, county treasurer as trustee with power to lease, diligent search required, no effect on a lapse under 38-18.1.

Statute

1. A mineral, leasehold or royalty owner may petition the district court to declare a trust for co owners whose whereabouts are unknown and cannot reasonably be ascertained. N.D.C.C. 38-13.1-01 North Dakota Legislative Branch, North Dakota Century Code. Read October 6, 2026. Source ID SRC-ND-032.

   “A person that owns a mineral, leasehold, or royalty interest underlying a tract of land may petition the district court of the county in which the tract or a portion of the tract is located to declare a trust in favor of other persons also owning or claiming an interest”

   Scope: Unlocated owners. The court appoints the county treasurer as trustee with authority to sign leases, ratifications and division orders. The text speaks of whereabouts, not unknown identity.

2. The petitioner must show a diligent but unsuccessful effort to locate the absent owner and that a trustee is in the best interest of all owners. N.D.C.C. 38-13.1-01 North Dakota Legislative Branch, North Dakota Century Code. Read October 6, 2026. Source ID SRC-ND-032.

   “the petitioner must show that a diligent but unsuccessful effort to locate the absent owner or claimant has been made and that appointment of a trustee will be in the best interest of all owners of an interest in the mineral, leasehold, or royalty interest.”

   Scope: Trust petitions under chapter 38-13.1.

3. A trust for unlocatable owners does not affect a surface owner who succeeds to the interest on lapse under chapter 38-18.1. N.D.C.C. 38-13.1-03 North Dakota Legislative Branch, North Dakota Century Code. Read October 6, 2026. Source ID SRC-ND-033.

   “The creation of a trust in favor of unlocatable owners does not affect the right of a surface owner who succeeds to ownership of a mineral interest upon its lapse under chapter 38-18.1.”

   Scope: Interaction between the unlocatable owner trust and the dormancy chapter. Funds held in trust are also subject to chapter 47-30.2, not reviewed.

What a title review must establish

1. Was the notice mailed to the most recent record address of the record owner, and was a subsection 6 reasonable inquiry done and documented (notice, search)?
2. Is the record owner deceased, and did any heir record a lease, conveyance or claim in the twenty year window (succession, mechanism)?
3. Did anyone other than the record owner file a sworn affidavit or reference the record owner within sixty days after first publication (response, succession)?
4. Has a quiet title judgment under 38-18.1-06.1 been entered, and on what proof of inquiry (search)?
5. Is any share held in a 38-13.1 trust or in a suspense account (special_mechanism, mechanism)?

Dates. Abandonment: unused 'for a period of twenty years immediately preceding the first publication of the notice' (38-18.1-02). Publication 'once each week for three weeks' (06(2)). Mailing 'within ten days after the last publication is made' (06(2)); Halvorson v. Starr, 2010 ND 133, applies N.D.C.C. 1-02-15 to count it. Response 'within sixty days after first publication' (38-18.1-05). Statement of claim by non record owner rule applies to claims 'filed after July 31, 2009' (38-18.1-04). Account for an unlocatable person 'in existence for three years is deemed to be abandoned property' (03(2)). The provisions read say nothing about the death of an owner pausing or restarting any period. The rule finder does not calculate this period.

What AMR searched. Read in full: N.D.C.C. ch. 38-18.1 (ndlegis.gov/cencode/t38c18-1.pdf), ch. 38-13.1 (t38c13-1.pdf), repealed ch. 38-13 (t38c13.pdf), enrolled 2009 HB 1370. Title 38 chapter index checked for other absent owner chapters. Opinions read: Capps v. Weflen 2013 ND 16 and 2014 ND 201, Sorenson v. Felton 2011 ND 33, Sorenson v. Alinder 2011 ND 36, Estate of Christeson v. Gilstad 2013 ND 50, Larson v. Norheim 2013 ND 60, Peterson v. Jasmanka 2014 ND 40, Halvorson v. Starr 2010 ND 133, Nelson v. McAlester Fuel 2017 ND 49, Nelson v. Lindvig 2024 ND 208, Siana Oil & Gas 2018 ND 164, Sadek v. Weber 2023 ND 14 (last three not relevant). CourtListener searches for '38-18.1' with deceased, heirs, reasonable inquiry, notice of lapse, social security death index, '38-13.1'. Not reviewed: chapter 47-30.2 unclaimed property, probate and heirship procedure, general quiet title chapter 32-17. 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.

Whether Capps v. Weflen (record address suffices even if the owner is known to be dead) still applies to notices given under the 2009 text, given 38-18.1-06(6) and the proof of inquiry required by 38-18.1-06.1(2). No Supreme Court decision applying the 2009 text was found; CourtListener's daily search limit was reached and ndcourts.gov was not available, so the search was not exhaustive.

How a 38-13.1 trust for an unlocatable owner and a later notice of lapse interact in practice beyond 38-13.1-03.

Treatment of suspense and trust accounts under chapter 47-30.2 (not read).

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

Forced pooling

Official text cited N.D.C.C. 38-08-08 requires the Industrial Commission, in the absence of voluntary pooling and on application of any interested person, to pool all interests in a spacing unit after notice and hearing on just and reasonable terms. A nonparticipating owner bears a risk penalty of 200 percent of its share of drilling and completion costs if leased and 50 percent if unleased, recoverable from production only after a good faith attempt to lease it or obtain its participation and notice of the intended penalty; an unleased interest pooled after July 31, 2009 receives a cost free royalty equal to the acreage weighted average royalty of the leased tracts or, at the operator's election, 16 percent. Statutory unitization is separate, under 38-08-09.1 to 38-08-09.16, and a unit order takes effect only when approved by those paying more than 55 percent of unit costs and owners of more than 55 percent of the royalty interests.

1. N.D.C.C. 38-08-08(1)North Dakota Legislative Branch. Official statute. Read October 1, 2026. Source ID SRC-ND-019.
2. N.D.C.C. 38-08-08(3)(a)North Dakota Legislative Branch. Official statute. Read October 1, 2026. Source ID SRC-ND-020.
3. N.D.C.C. 38-08-02(3)North Dakota Legislative Branch. Official statute. Read October 1, 2026. Source ID SRC-ND-021.
4. N.D.C.C. 38-08-09.5North Dakota Legislative Branch. Official statute. Read October 1, 2026. Source ID SRC-ND-022.

Surface damages

Official text cited N.D.C.C. chapter 38-11.1 (Oil and Gas Production Damage Compensation) requires the mineral developer to pay the surface owner for lost land value, lost use of and access to the land, and lost value of improvements caused by drilling operations (38-11.1-04), and for loss of agricultural production and income (38-11.1-08.1). The developer must give at least seven days' notice before first entry for activities that do not disturb the surface and at least twenty days' written notice before drilling operations, with the plan of work, a plat and a state form on the owner's rights, unless the parties waive notice by agreement (38-11.1-04.1), and must make a written settlement offer with that twenty day notice (38-11.1-08). A claimant must notify the developer within two years after the injury occurs or would become apparent (38-11.1-07) and obtain an appraisal before suing (38-11.1-07.1); if the court awards more than the developer offered, the court awards the claimant reasonable attorney's fees, costs and interest from the day drilling commenced (38-11.1-09). For this chapter minerals means oil and gas, and drilling operations covers drilling commenced after June 30, 1979 and geophysical work commenced after June 30, 1983 (38-11.1-03).

1. N.D.C.C. 38-11.1-04North Dakota Legislative Branch. Official statute. Read October 1, 2026. Source ID SRC-ND-023.
2. N.D.C.C. 38-11.1-04.1(2)North Dakota Legislative Branch. Official statute. Read October 1, 2026. Source ID SRC-ND-024.
3. N.D.C.C. 38-11.1-09North Dakota Legislative Branch. Official statute. Read October 1, 2026. Source ID SRC-ND-025.
4. N.D.C.C. 38-11.1-03(6)North Dakota Legislative Branch. Official statute. Read October 1, 2026. Source ID SRC-ND-026.

Taxes

Broad personal income tax: yes. North Dakota imposes its income tax on every resident and nonresident individual, and remitters must withhold 1.75%, the highest individual rate of 2.50% reduced by 0.75%, from the gross amount of oil or gas royalty payments made to nonresident royalty owners. Official text cited Source and notes.

Severance or production tax. Oil 5 percent gross production tax plus 5 percent extraction tax; gas $0.0655 per Mcf for July 2026 to June 2027. Official text cited Full record: rates, exemptions, royalty owner share and sources.

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. N.D.C.C. 38-18.1-02North Dakota Legislative Branch. Official statute. Read October 1, 2026. Source ID SRC-ND-001.

   “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.”

2. N.D.C.C. 38-18.1-01North Dakota Legislative Branch. Official statute. Read October 1, 2026. Source ID SRC-ND-002.

   “"mineral interest" includes any interest in oil, gas, coal, clay, gravel, uranium, and all other minerals of any kind and nature, whether created by grant, assignment, reservation, or otherwise owned by a person other than the owner of the surface estate.”

3. N.D.C.C. 38-18.1-03(2)North Dakota Legislative Branch. Official statute. Read October 1, 2026. Source ID SRC-ND-003.

   “The payment of royalties, bonus payments, or any other payment to a named or unnamed interest-bearing account, trust account, escrow account, or any similar type of account on behalf of a person who cannot be located does not satisfy the requirements of this section and the mineral interest is not deemed to be used for purposes of this section.”

4. N.D.C.C. 38-18.1-04North Dakota Legislative Branch. Official statute. Read October 1, 2026. Source ID SRC-ND-004.

   “A statement of claim filed after July 31, 2009, by a person other than the owner of record of the mineral interest is not effective to preserve a mineral interest unless accompanied by a reference to the name of the record owner under whom the owner of the mineral interest claims.”

5. N.D.C.C. 38-18.1-05(1)North Dakota Legislative Branch. Official statute. Read October 1, 2026. Source ID SRC-ND-005.

   “The owner of record of the mineral interest satisfies either one of the following requirements within sixty days after first publication of the notice provided for in section 38-18.1-06:”

6. N.D.C.C. 38-18.1-06(2)North Dakota Legislative Branch. Official statute. Read October 1, 2026. Source ID SRC-ND-006.

   “once each week for three weeks in the official county newspaper of the county in which the mineral interest is located; however, if the address of the mineral interest owner is shown of record or can be determined upon reasonable inquiry as defined in subsection 6, notice must also be made by mailing a copy of the notice”

7. N.D.C.C. 38-18.1-06(6)North Dakota Legislative Branch. Official statute. Read October 1, 2026. Source ID SRC-ND-007.

   “To constitute a reasonable inquiry as provided in subsection 2, the owner or owners of the surface estate or the owner's authorized agent must conduct a search of:”

8. N.D.C.C. 38-18.1-06.1(1)North Dakota Legislative Branch. Official statute. Read October 1, 2026. Source ID SRC-ND-008.

   “Upon completion of the procedure provided in section 38-18.1-06, the owner or owners of the surface estate may maintain an action in district court in the county in which the minerals are located and obtain a judgment in quiet title in the owner or owners of the surface estate.”

9. N.D.C.C. 38-18.1-08North Dakota Legislative Branch. Official statute. Read October 1, 2026. Source ID SRC-ND-009.

   “This chapter does not apply to any mineral interest owned by any governmental body or agency thereof and this chapter is both prospective and retrospective in its application.”

10. Mineral Owner page, Statement of Claim section and linked formNorth Dakota Department of Mineral Resources, Oil and Gas Division. Official agency. Read October 1, 2026. Source ID SRC-ND-010.

    “The Statement of Claim Form must be recorded in the office of the recorder in the county in which the mineral interest is located”

11. S.L. 2005, ch. 320 (HB 1344), new subsection 2 of 38-18.1-03North Dakota Legislative Branch. Session law. Read October 1, 2026. Source ID SRC-ND-011.

    “The payment of royalties, bonus payments, or any other payment to a named or unnamed interest-bearing account”

12. S.L. 2007, ch. 313 (HB 1045), amending 38-18.1-02North Dakota Legislative Branch. Session law. Read October 1, 2026. Source ID SRC-ND-012.

    “The owner of the surface estate in the land in or under which the mineral interest is located on the date of abandonment may record a statement of succession in interest”

13. Enrolled HB 1370, S.L. 2009, ch. 317, approved April 24, 2009North Dakota Legislative Branch. Session law. Read October 1, 2026. Source ID SRC-ND-013.

    “AN ACT to create and enact a new section to chapter 38-18.1 of the North Dakota Century Code, relating to perfecting title to dormant minerals; and to amend and reenact sections 38-18.1-03, 38-18.1-04, 38-18.1-05, and 38-18.1-06”

14. S.L. 2015, ch. 62 (SB 2053), section 14, striking 38-18.1-03(1)(f) on payment of taxes (strike read on the rendered page)North Dakota Legislative Branch. Session law. Read October 1, 2026. Source ID SRC-ND-014.

    “relating to technical corrections and improper, inaccurate, redundant, missing, or obsolete references”

15. S.L. 2021, ch. 337 (SB 2048), section 14, amending 38-18.1-03(2)North Dakota Legislative Branch. Session law. Read October 1, 2026. Source ID SRC-ND-015.

    “AN ACT to create and enact chapter 47-30.2 of the North Dakota Century Code, relating to the Revised Uniform Unclaimed Property Act”

16. Nelson v. McAlester Fuel Co., 2017 ND 49, paragraph 18 (applying the 2004 text)North Dakota Supreme Court. Court opinion. Read October 1, 2026, via Internet Archive snapshot March 17, 2023. Source ID SRC-ND-016.

    “we interpret this phrase in the statute to indicate a surface owner must send notice to the most recent address of record in order to comply with N.D.C.C. § 38-18.1-06(2) (2004).”

17. Nelson v. McAlester Fuel Co., 2017 ND 49, paragraph 8, quoting Peterson v. Jasmanka, 2014 ND 40, paragraph 12North Dakota Supreme Court. Court opinion. Read October 1, 2026, via Internet Archive snapshot March 17, 2023. Source ID SRC-ND-017.

    “wholly self-executing, and once the notice procedure under the statute is completed, title to the mineral interest vests in the surface owner as of the date of abandonment, without the necessity of a subsequent quiet title action.”

18. Sorenson v. Felton, 2011 ND 33, paragraphs 9 and 14 (applying the 2004 text)North Dakota Supreme Court. Court opinion. Read October 1, 2026, via Internet Archive snapshot January 21, 2022. Source ID SRC-ND-018.

    “Sorenson was required to conduct a reasonable inquiry only if Felton's address was not shown of record.”

Open questions for a specialist

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

What changed

The June 2026 edition listed North Dakota as Can lapse / revert, lapse period 20 years. 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. "North Dakota Dormant Mineral Act." U.S. Mineral Rights Law Atlas, release 2026.10.1, October 6, 2026. https://americanmineralregistry.com/research/states/north-dakota-dormant-mineral-act

[North Dakota Dormant Mineral Act](https://americanmineralregistry.com/research/states/north-dakota-dormant-mineral-act), U.S. Mineral Rights Law Atlas, American Mineral Registry, release 2026.10.1 (2026-10-06).

<a href="https://americanmineralregistry.com/research/states/north-dakota-dormant-mineral-act">North Dakota Dormant Mineral Act</a>, U.S. Mineral Rights Law Atlas, American Mineral Registry, release 2026.10.1 (2026-10-06).

@misc{amr_atlas_nd_2026101,
  author = {{American Mineral Registry}},
  title = {North Dakota Dormant Mineral Act},
  howpublished = {U.S. Mineral Rights Law Atlas, release 2026.10.1},
  date = {2026-10-06},
  url = {https://americanmineralregistry.com/research/states/north-dakota-dormant-mineral-act}
}

TY  - ELEC
AU  - American Mineral Registry
TI  - North Dakota Dormant Mineral Act
T2  - U.S. Mineral Rights Law Atlas
ET  - 2026.10.1
DA  - 2026/10/06
UR  - https://americanmineralregistry.com/research/states/north-dakota-dormant-mineral-act
ER  -