Abandoning Mineral Rights...

 

SB 445 - Legislation which will create a period of time in determining when an owner has officially abandoned their mineral rights. Currently, landowners across the state are facing the dilemma of owning surface rights, but not owning his or her mineral rights. Furthermore, the subsurface owner of the mineral rights may not even know they are the owner. Ultimately, this abandonment is an obstacle for the current landowner who would like to use their property for the development of natural gas.

My legislation would deem mineral rights in real property abandoned after a period of 21 years of nonuse of the mineral rights by a subsurface owner. Nonuse of mineral rights is the absence of an issuance of a permit to drill a well by the Department of Environmental Protection, actual production or withdrawal of minerals from the property and the underground storage of minerals. If the subsurface landowner chooses to simply not develop the mineral rights, they could record a claim of interest with the county Recorder of Deeds within three months of the effective date of this legislation or 21 years from the nonuse, whichever is later. The 21year period is similar to current Pennsylvania abandonment law relating to adverse possession.

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Permalink Reply by Little Cougar on December 10, 2011 at 11:08am

VG and Jim...I think your discussions are excellent and they make us think.  I just get so darn mad when these politicians start stirring up the pot and these so called self-righteous people interfere where they should just be happy for someone who finally might have a chance to more then exist day to day...I apologize for saying you are missing the point...I guess I am...but I wish they would go away...or at least listen to you...but I swear they have an agenda and it scares me.

0l1a6laz7smpfPermalink Reply by 0l1a6laz7smpf on December 10, 2011 at 1:16pm

Thanks..

I think they are so busy with all that they do...that they depend on their assistants who may or may not really be wise in these matters.   My greatest concern involving mineral rights/natural resources is what the oil companies are doing in selling those leases with the 'assigns clause' as there is no limitation on whom could end up with the leases in the future...and many are selling portions or all to non-citizens overseas...and at the same time telling us that they hope we will lease with them so the USA won't be dependent on foreign oil.   Do you all realize that some in the USA may have to purchase natural gas from China when it is coming from the ground in the USA (for example)?

Permalink Reply by Thomas Booth on March 18, 2012 at 9:14am

Does anyone know if severed oil and gas minerals are permitted in Ohio, and are they taxed as they are in WV? 

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