State law reference
Oregon Dormant Mineral Act
What does the Oregon Dormant Mineral Act say? Oregon lets a landowner extinguish a severed mineral interest by published and mailed notice unless, in the last 30 years, the holder recorded a statement of claim or acquired the interest; production and leasing do not count. The holder can still keep it by recording a claim within 60 days after the last publication.
Official text cited Researched and checked by American Mineral Registry against the official text; review completed October 1, 2026. Reference research, not legal advice.
- Rule type
- Dormant mineral statute
- Period
- 30 years
- Ends without a surface owner step
- No
- Preservation filing
- Available
- Forced pooling statute
- Statute found
Official text cited - Surface damages statute
- No statute found
- Deceased or unlocated owner
- Partly checked
How the rule works
Dormant mineral interest statute, 30 year statement of claim or acquisition window, surface owner notice with a 60 day cure. ORS 517.180, headed 'Procedure for extinguishing dormant mineral interest', lets an owner of land extinguish a mineral interest held by another person by publishing and mailing a notice of lapse and recording an affidavit, unless within the last 30 years the holder recorded a statement of claim or acquired the interest. It is not a nonuse statute: production, leasing, royalties and tax payment are not listed as savings, so dormancy turns only on the recorded statement of claim and the holder's acquisition date. The holder keeps the interest by recording a statement of claim within 60 days after the last publication. It covers coal, oil, gas, other minerals and geothermal resources, but not sand or gravel, and excludes interests vested in the United States, Oregon or its political subdivisions. Although ORS chapter 517 is mainly about mining claims, 517.170 and 517.180 form a separate dormant mineral interest part.
What has to happen
To extinguish the interest and acquire it, the owner of land publishes notice of the lapse at least once each week for three consecutive weeks in a newspaper of general circulation in the county, and, if the holder's address is known or can be found with due diligence, mails the notice to the holder before the first publication (ORS 517.180(4)). The notice names the holder of record, identifies the instrument that created the interest and where it is recorded, describes the land, names the person giving notice, gives the first publication date, and states that the holder must submit a statement of claim to the county clerk within 60 days after the last publication or the interest may be extinguished (517.180(5)). Within 15 days after the last publication, a copy of the notice and an affidavit of publication, stating the mailing or describing the due diligence search, are submitted to the county clerk (517.180(6), (7)). If the holder does not submit a statement of claim within 60 days after the last publication, the interest is extinguished and becomes the property of the owner of the land (517.180(8)). The clerk records statements of claim and notices in the Mineral and Mining Record (517.180(9)). No court action is required by the statute.
What counts as use or preserves the interest
517.180(1)(a): the holder submitted a statement of claim for recording within the last 30 years
517.180(1)(b): the holder acquired the mineral interest within the previous 30 years
517.180(8): the holder submits a statement of claim to the county clerk within 60 days after the last publication of the notice of lapse
Not listed in the statute: production, leasing, payment of rentals or royalties, pooling, or payment of taxes; none of these bars the procedure on the statute's words
Preservation filing
Statement of claim submitted for recording with the clerk of the county where the land affected lies, containing the name and address of the holder as that name is shown in the instrument that created the original mineral interest, and the name and address of the current holder (ORS 517.180(3)). The clerk records it in the Mineral and Mining Record, cross references the current and original holders, and where possible notes it in the margin of the creating instrument (517.180(9)). To stay outside 517.180(1)(a) the statement must be recorded again within each 30 years.
Scope
- Interests covered
- Any interest 'created by an instrument transferring, either by grant, assignment, reservation or otherwise, an interest of any kind' in the listed resources (ORS 517.180(2)(a)). The procedure is available to an 'owner of land', which includes a vested fee simple owner or a contract purchaser (517.180(2)(b)). The text does not separate mineral fee, royalty or leasehold interests.
- Minerals covered
- Coal, oil, gas or other minerals and geothermal resources; sand and gravel are excluded (ORS 517.180(2)(a)).
- Exceptions
Interests vested in the United States, the State of Oregon or a political subdivision of the State of Oregon (ORS 517.180(2)(a))
Interests in sand or gravel (ORS 517.180(2)(a))
The provisions may not be waived at any time (ORS 517.180(10))
- Enactment and amendments
- Enacted by Oregon Laws 1983, chapter 421, sections 1 and 2 (ORS 517.170 policy and 517.180); amended by 1997 c.819 section 10 and 1999 c.654 section 31. Text read in the 2025 edition of ORS. No grace period or transition rule appears in the current text; the 1983 session law was not read.
Dates and what they mean
A date cannot be computed for Oregon from a last use date alone; the note below explains what the rule turns on. The rule finder shows the same explanation.
The test looks back 30 years from the owner of land's notice for a recorded statement of claim or an acquisition by the holder. A calculator needs the date of the holder's most recent recorded statement of claim and the date the holder acquired the interest; the owner of land may proceed once 30 years have passed since the later of the two, and the holder can still cure within 60 days after the last publication. A last use date is irrelevant under the text, so a calculator driven by last use would give wrong Oregon results.
Deceased or unlocated owner
Partly checked What the law of Oregon 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: heirs, devisees and successors.
Oregon's ORS 517.180 lets a landowner extinguish a mineral interest by publishing a notice of lapse for three consecutive weeks and recording an affidavit, unless the holder recorded a statement of claim or acquired the interest within the last 30 years. Publication is always required; mailing is required only if the holder's address is known or can be determined by due diligence, and otherwise the affidavit must describe the search. The statute speaks only of "the holder" and does not mention death, heirs or devisees, so it does not say whether inheritance restarts the 30 years or whom to notify for a deceased holder. A separate co-owner forfeiture procedure, with publication when the co-owner cannot be found, applies only to quartz and placer mining claims.
- Owner of record has died
- Not addressed in the provisions read. The notice goes to "the holder of the mineral interest, as shown of record" and mailing to "the holder"; the section does not say whether heirs or devisees must be identified or whether an inheritance is an acquisition under 517.180(1)(b).
- Current owner unknown
- Not separately addressed. Publication is required in every case, and the notice names the holder as shown of record.
- Owner known but cannot be found
- If the holder's address cannot be determined by due diligence, no mailing is required, and the affidavit must give a detailed, dated description of the efforts made (517.180(4), (7)(b)).
How the nonuse rule treats these owners Statute
Extinguishment by publication and recorded affidavit, barred by a statement of claim or an acquisition within 30 years; the section does not refer to the holder's death, identity or whereabouts.
Statute
A landowner may extinguish another person's mineral interest by publishing notice and recording an affidavit, unless the holder recorded a statement of claim or acquired the interest within 30 years. ORS 517.180(1)
“An owner of land in which another person holds a mineral interest, may extinguish the holder's interest by publishing notice and submitting an affidavit of publication for recording as described in subsections (4) to (9) of this section, unless:”
Scope: Coal, oil, gas, other minerals and geothermal resources, not sand or gravel, and not interests vested in the United States, Oregon or its subdivisions (517.180(2)(a)). The section does not mention a deceased, unknown or missing holder.
Heirs, devisees and successors Requires case-specific review
The statute distinguishes the holder named in the original instrument from the "current holder" and bars extinguishment if the holder "acquired" the interest within 30 years, but it does not mention heirs, devisees or death, and "acquired" is not defined.
Statute
The 30 year bar applies if the holder acquired the interest within the previous 30 years. ORS 517.180(1)(b)
“The holder of the mineral interest acquired the mineral interest within the previous 30 years.”
Scope: All holders. "Acquired" is not defined in the section, so whether passing by inheritance or devise is an acquisition that restarts the 30 years is not settled by this text.
The statement of claim names both the holder shown in the original instrument and the current holder. ORS 517.180(3)(a), (b)
“(a) The name and address of the holder of the mineral interest as that name is shown in the instrument that created the original mineral interest; and (b) The name and address of the current holder of the mineral interest.”
Scope: Statement of claim content. The section does not say whether an heir whose title is not of record may file as "current holder".
Search required to find the owner Statute
Due diligence to determine the holder's address; if no mailing, a detailed dated description of the efforts in the affidavit.
Statute
Mailing is required only if the holder's address is known or can be found by due diligence, and the mailing comes before first publication. ORS 517.180(4)
“If the address of the mineral interest holder is known or can be determined by due diligence, the notice shall also be mailed by the owner of the land to the holder of the mineral interest before the first publication.”
Scope: The text refers to "the holder"; it does not address heirs or devisees of a deceased holder, or whether mailing to a decedent's address is sufficient.
If no notice was mailed, the affidavit must describe in detail, with dates, the due diligence efforts to find the holder's address. ORS 517.180(7)(b)
“If no copy of the notice was mailed, a detailed description, including dates, of the efforts made to determine with due diligence the address of the holder of the mineral interest.”
Scope: Unlocated holders. The statute does not define what due diligence requires.
Who gets notice, and how Statute
Mailed notice to the holder before first publication if the address is known or determinable by due diligence; the notice names the holder as shown of record.
Statute
Mailing is required only if the holder's address is known or can be found by due diligence, and the mailing comes before first publication. ORS 517.180(4)
“If the address of the mineral interest holder is known or can be determined by due diligence, the notice shall also be mailed by the owner of the land to the holder of the mineral interest before the first publication.”
Scope: The text refers to "the holder"; it does not address heirs or devisees of a deceased holder, or whether mailing to a decedent's address is sufficient.
The notice names the holder as shown of record. ORS 517.180(5)(a)
“The name of the holder of the mineral interest, as shown of record;”
Scope: Notice content. Other required content is listed in 517.180(5)(b) to (f).
Notice by publication Statute
Publication once a week for three consecutive weeks in a county newspaper is required in every case.
Statute
Notice of lapse must always be published once a week for three consecutive weeks in a county newspaper. ORS 517.180(4)
“the owner of the land shall publish notice of the lapse of the mineral interest at least once each week for three consecutive weeks in a newspaper of general circulation in the county in which the lands affected by the mineral interest are located.”
Scope: Every extinguishment under 517.180; publication is required whether or not the holder is located.
How the owner responds or preserves Statute
The holder preserves the interest by submitting a statement of claim within 60 days after the last publication.
Statute
The statement of claim names both the holder shown in the original instrument and the current holder. ORS 517.180(3)(a), (b)
“(a) The name and address of the holder of the mineral interest as that name is shown in the instrument that created the original mineral interest; and (b) The name and address of the current holder of the mineral interest.”
Scope: Statement of claim content. The section does not say whether an heir whose title is not of record may file as "current holder".
The interest is extinguished unless the holder submits a statement of claim within 60 days after the last publication. ORS 517.180(8)
“the mineral interest of the holder shall be extinguished and become the property of the owner of the lands, unless the holder of the mineral interest submits a statement of claim to the county clerk within 60 days after the date of the last publication of the notice.”
Scope: All holders. 517.180(10) says the section may not be waived at any time.
Court, receivership or trust for missing owners Statute
Only for co-owners of quartz or placer mines: a delinquent co-owner who cannot be found in the state is served by 90 days of publication, and the interest vests in the contributing co-owners if unpaid. No mechanism for missing owners of severed oil, gas or mineral estates was found in ORS 517 or 520.
Statute
For quartz or placer mines held by co-owners, notice to a delinquent co-owner who cannot be found in the state is given by publication for 90 days. ORS 517.250
“If the delinquent co-owner cannot be found within the state, or if at the time of giving the notice the delinquent co-owner is without the state, service of the notice shall be made by publication thereof in the weekly newspaper published in the county nearest to where the mine is situated.”
Scope: Only co-owners of quartz or placer mines who fail to contribute to annual assessment work (517.230 to 517.320, mining claims). It is not a procedure for severed oil, gas or mineral estates generally.
If the delinquent co-owner does not pay within 90 days of service or last publication, the interest vests in the contributing co-owners. ORS 517.270
“the delinquent co-owner has not paid the proportion of the delinquent co-owner to the co-owners who performed or caused to be performed the assessment work, the title to the interest of the delinquent co-owner in the mine shall be immediately vested in the co-owners who performed or caused to be performed the assessment work.”
Scope: Same limits as P9. 517.320 (not quoted) provides counteraffidavits and a suit to quiet title.
What a title review must establish
- Did the holder, or anyone claiming as current holder, record a statement of claim within the last 30 years?
- Did the holder acquire the interest within the previous 30 years, and if the interest passed by death, has anyone decided whether that counts as an acquisition?
- Was the address known or determinable by due diligence, and does the affidavit either show mailing or describe the efforts with dates?
- Was notice published three consecutive weeks and the affidavit submitted within 15 days of the last publication?
Dates. Statement of claim or acquisition "within the last 30 years" or "within the previous 30 years" (517.180(1)). Publication "at least once each week for three consecutive weeks" (517.180(4)). Copy of notice and affidavit submitted "within 15 days after the date of the last publication" (517.180(6)). Statement of claim "within 60 days after the date of the last publication" (517.180(8)). Co-owner notice published "at least once a week for a period of 90 days after the first publication" and vesting at "the expiration of 90 days" from personal service or last publication (517.250, 517.270). Nothing computed. The rule finder does not calculate this period.
What AMR searched. Oregon Revised Statutes chapter 517, official page read from the Internet Archive snapshot of August 1, 2026 because the official host timed out: 517.170, 517.180 in full, 517.230 to 517.320 read. ORS chapter 520 (Internet Archive snapshot September 3, 2025) searched for: unknown, unlocat, cannot be found or located, missing, absent, nonresident, heir, whereabouts, escrow; only gas storage "heirs, successors and assigns" wording appeared. Case law: a CourtListener search was cut off by rate limits and one web search found no Oregon appellate decision applying 517.180; the case law search is incomplete. Not reviewed: probate, general quiet title, ORS chapter 98 unclaimed property. 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.
Is a transfer by inheritance or devise an acquisition under 517.180(1)(b)? Needs case law or specialist review.
Is mailing to a deceased holder's last address, or to the record holder rather than unrecorded heirs, enough under 517.180(4)?
Complete a citator search for Oregon appellate decisions on 517.180.
Does ORS chapter 98 (unclaimed property) cover oil and gas proceeds of unlocated owners? Not reviewed.
Checked October 6, 2026. Also in the dormant mineral rule finder.
Forced pooling
Official text cited Yes. In the absence of voluntary integration, the governing board of the State Department of Geology and Mineral Industries, on application of any interested person, shall make an order integrating all tracts or interests in a spacing unit, on just and reasonable terms; the board may also deem royalty interests integrated as part of the spacing order (ORS 520.220(2)).
Surface damages
No statute found No statute was found requiring oil and gas operators to notify and compensate surface owners. The oil and gas conservation chapter mentions the surface owner only in the gas storage ownership provision, and chapter 517 references concern mining exploration permits and surface mining reclamation, not oil and gas surface damages.
Searched: Searched the full text of ORS chapter 520 (Conservation of Gas and Oil, 2023 edition) and ORS chapter 517 (Mining and Mining Claims, 2025 edition) for 'surface owner', 'owner of the surface', 'landowner', 'compensat' and 'damage'. Chapters 522 (geothermal) and the rest of ORS were not searched.
Taxes
Broad personal income tax: yes. Nonresidents owe Oregon tax on income from Oregon sources, which the Department of Revenue says includes rents and royalties for use of Oregon property, and full-year residents are taxed on income from all sources, including royalty income reported on federal Schedule E. Official text 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 Oregon 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.
- ORS 517.180(1)
“An owner of land in which another person holds a mineral interest, may extinguish the holder’s interest by publishing notice and submitting an affidavit of publication for recording as described in subsections (4) to (9) of this section, unless:”
- ORS 517.180(1)(a), (b)
“(a) Within the last 30 years, the holder of the mineral interest has submitted a statement of claim for recording in the manner set out in subsection (3) of this section; or (b) The holder of the mineral interest acquired the mineral interest within the previous 30 years.”
- ORS 517.180(2)(a)
“an interest of any kind in coal, oil, gas or other minerals and geothermal resources, except an interest vested in the United States, the State of Oregon or a political subdivision of the State of Oregon. A mineral interest does not include an interest in sand or gravel.”
- ORS 517.180(8)
“the mineral interest of the holder shall be extinguished and become the property of the owner of the lands, unless the holder of the mineral interest submits a statement of claim to the county clerk within 60 days after the date of the last publication of the notice.”
- ORS 517.170
“It is in the interest of the State of Oregon to provide a mechanism for the removal of dormant encumbrances on property which prevent a landowner from using or developing that property in a manner which contributes to the economy and increases the state’s tax base.”
Open questions for a specialist
This review did not settle these points. They are where an Oregon title attorney or landman should look first.
The official text was read from an Internet Archive snapshot dated August 1, 2026 of the 2025 edition; amendments enacted after that edition, including any 2026 session law, were not checked.
What counts as the holder having 'acquired the mineral interest within the previous 30 years' (recorded deed, devise or inheritance, probate, corporate succession) is not defined; whether an unrecorded acquisition counts is unresolved.
Whether active production or a recorded lease gives any protection outside 517.180(1); the text lists none, which may surprise producing owners who never recorded a statement of claim. No Oregon appellate decision was checked.
Oregon Laws 1983 chapter 421 was not read; whether it included a grace period for interests already older than 30 years in 1983 is unknown.
Common questions
Can mineral rights lapse in Oregon?
Yes, but not by itself (Dormant mineral interest statute, 30 year statement of claim or acquisition window, surface owner notice with a 60 day cure). In Oregon an interest ends only after the surface owner or another party takes the steps the statute requires, such as a notice or a court action, and each step, with its citation, is under How the rule works.
How long before unused mineral rights lapse in Oregon?
30 years. The owner of land may proceed unless 'Within the last 30 years, the holder of the mineral interest has submitted a statement of claim for recording' or 'The holder of the mineral interest acquired the mineral interest within the previous 30 years' (ORS 517.180(1)(a), (b)). Both windows are counted back from the time the owner of land acts. A recorded statement of claim protects for 30 years from recording and can be recorded again; a new acquisition protects that holder for 30 years. Within 60 days after the last publication of a notice of lapse, a statement of claim still prevents extinguishment (517.180(8)).
How can an owner keep an Oregon mineral interest from lapsing?
By recording the filing the statute provides before the period runs. What it must contain and where it is recorded are under Preservation filing above.
Does Oregon allow forced pooling?
Yes. Oregon has a forced pooling statute, summarized with its citation under Forced pooling above.
Does Oregon require payment for surface damage?
A search of Oregon’s official code found no surface damages statute of that kind. Leases, deeds and general law can still give the surface owner a claim.
What changed
The June 2026 edition listed Oregon as Can lapse / revert, lapse period 30 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.
Cite this page
American Mineral Registry. "Oregon Dormant Mineral Act." U.S. Mineral Rights Law Atlas, release 2026.10.1, October 6, 2026. https:// americanmineralregistry.com/ research/ states/ oregon-dormant-mineral-act
[Oregon Dormant Mineral Act](https:// americanmineralregistry.com/ research/ states/ oregon-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/ oregon-dormant-mineral-act">Oregon Dormant Mineral Act</ a>, U.S. Mineral Rights Law Atlas, American Mineral Registry, release 2026.10.1 (2026-10-06).
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title = {Oregon Dormant Mineral Act},
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General information about statutes, not legal advice and not a title opinion. Facts about a specific interest decide the outcome. Published by American Mineral Registry, which also runs a commercial service for owners; see how the two relate.