Most people assume that once you own mineral rights, you own them forever. In most states, that's true. But several states have enacted dormant mineral acts that can terminate your ownership if the minerals go unused for a set period, typically 20 years.

If you own inherited mineral rights and haven't done anything with them in a while, this is worth understanding.

How Dormant Mineral Acts Work

The general idea is the same across states: if a severed mineral interest has had no activity and no recorded claim for a specified period, the surface owner can take steps to reclaim those minerals. The specifics vary, but the pattern looks like this:

  1. The mineral interest has been inactive for 20 years (no production, no lease, no recorded transaction)
  2. The surface owner sends notice to the mineral owner
  3. If the mineral owner doesn't respond by filing a claim within a set window (often 60 days), the minerals revert to the surface owner

The key word is "severed." These acts apply when the mineral rights have been separated from the surface rights. If you own both, this doesn't affect you.

States with Dormant Mineral Acts

North Dakota has one of the most active dormant mineral statutes. Mineral interests unused for 20 years can be deemed abandoned. Mineral owners can protect their interests by recording a Statement of Claim with the county recorder. The filing fee is small (around $10), and it resets the clock. If you own minerals in North Dakota and haven't filed a statement of claim recently, do it now.

Ohio passed its Dormant Mineral Act in 1989. It allows surface owners to send notice to mineral owners whose interests have been inactive for 20 years. If the mineral owner doesn't file a claim within 60 days, the minerals revert. Ohio's act has survived legal challenges and is actively used.

Kansas has a similar statute. Mineral interests that haven't been used, leased, or claimed for 20 years can be extinguished if the surface owner follows the proper notice process.

Indiana, Michigan, and several other states have their own versions with varying time periods and procedures.

Oklahoma and Texas do not have dormant mineral acts. Mineral rights in these states are considered permanent once severed, regardless of how long they go unused.

What Counts as "Use"

In most states, any of the following will keep your minerals from being considered dormant:

The easiest and cheapest protection is simply filing a statement of claim. It's a one-page document recorded with the county, and it preserves your rights.

What to Do

If you own mineral rights in a state with a dormant mineral act:

  1. Check the statute for your state. Look up the specific time period, notice requirements, and filing procedures.
  2. File a statement of claim. In most states, this is a simple recorded document that resets the clock. Do it now rather than waiting.
  3. Keep records of any activity. Lease payments, tax payments, correspondence with operators, and royalty checks all count as activity.
  4. Set a reminder. If the dormancy period is 20 years, set a reminder to file a new statement of claim well before that window closes.
  5. Monitor for notices. If a surface owner initiates the abandonment process, you'll receive a notice by mail. If you don't respond, you lose the minerals. Make sure your contact information is current with the county and with any operators.

Don't Let Inaction Cost You

Dormant mineral acts exist because legislatures decided that abandoned minerals should return to productive use. If you're actively managing your interests, even minimally, you have nothing to worry about. The danger is in forgetting. Inherited minerals that sit in a drawer for decades, in a state with a dormant mineral act, can quietly disappear.

A few minutes of paperwork every decade or so is all it takes to prevent that.

MinRight's deadline tracking can remind you when a statement of claim is due for renewal. Set the deadline, and you won't have to rely on memory. For state-specific details, see our guides for North Dakota and Kansas, both of which have active dormant mineral statutes. If your minerals have been idle across multiple generations, addressing dormant mineral risk should be a priority.