North dakota unclaimed property claim form

This page has been developed to help surface and mineral owners find out more information with regard to many of the questions that come with the exploration and production of oil and gas in North Dakota.

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Mineral Owner Resources:

Leasing:

• The ND Oil and Gas Division does not calculate mineral values, review private lease information, or review any private contracts.
• Contact an oil and gas attorney for questions related to leasing issues:
  • State Bar Association of North Dakota - Lawyer Referral Service
  • State of North Dakota Courts - Lawyer Directory

  Statement of Claim:

  • Statement of Claim Form
  • Pursuant to NDCC 38-18.1-02 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. Title to the abandoned mineral interest vests in the owner or owners of the surface estate in the land in or under which the mineral interest is located on the date of abandonment. 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 indicating that the owner has succeeded to ownership of the minerals under this chapter.
  • The Statement of Claim Form must be recorded in the office of the recorder in the county in which the mineral interest is located:
    • North Dakota Recorders Information Network - List of ND Recorders

    Royalty Payments:

    • NDCC 47-16-39.1 includes the requirements for the payment of royalty interest owners entitled to payment from a producing oil or gas well. Sections of the statute cover the obligation to pay royalties, the requirement for payment of interest on late payments, and directs that resolution for failure is to be pursued in district court in the county in which the mineral interest is located:
      • State of North Dakota Courts - List of Court Locations

      Royalty Statements:

      • NDCC 38-08-06.3 includes the requirement for an information statement to accompany payments to royalty owners. Contents of these statements are outlined in the Royalty Statement Rules (NDAC 43-02-06); failure to include information that the commission prescribes by rule is guilty of a class B misdemeanor.

      Additional Mineral Owner Links and Resources:

      • National Association of Royalty Owners - Bakken Chapter
      • Williston Basin Royalty Owners Association
      • North Dakota Petroleum Council - Royalty & Surface Owner Informational Center
      • North Dakota Petroleum Council - Royalty Owner Operator Contact Information (Note that not all oil companies will be listed; only those choosing to participate)
      • Bankruptcy Resource Sheet

      Surface Owner Resources:

      Leasing:

      • The ND Oil and Gas Division does not calculate surface values, review private lease information, or review any private contracts.
      • Contact an attorney for questions related to leasing issues:
        • State Bar Association of North Dakota - Lawyer Referral Service
        • State of North Dakota Courts - Lawyer Directory

        Surface Owner Damage Compensation:

        • Notice to Surface Owners Memo: Covers concerns and rights related to compensation for damages caused by oil and gas operations.
        • North Dakota Mediation Service: (North Dakota Department of Agriculture) - This NDDA program was expanded in 2011 to include dispute resolution of property issues related to energy development related to surface damages, property access, well location, oil and gas related pipelines, easements, and compensation in an effort to for landowners to avoid litigation, resolve issues, communicate needs, and avoid disputes that can negatively impact both parties and the community.

        Statement of Intent to Succeed Ownership of Mineral Interest:

        • Statement of Intention to Succeed to the Ownership of Mineral Interest Form
        • Pursuant to NDCC 38-18.1-02 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. Title to the abandoned mineral interest vests in the owner or owners of the surface estate in the land in or under which the mineral interest is located on the date of abandonment. 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 indicating that the owner has succeeded to ownership of the minerals under this chapter.
        • The Statement of Intention to Succeed Form must be recorded in the office of the recorder in the county in which the mineral interest is located:
          • North Dakota Recorders Information Network - List of ND Recorders

          Pipeline Information:

          • Report a Gathering Line Incident:
            • If this is an emergency, an imminent threat to public health and safety, or for additional assistance, please call the Oil and Gas Division or the Department of Environmental Quality at the numbers below.
              • North Dakota Industrial Commission, Oil and Gas Division - (701)328-8020
              • North Dakota Department of Environmental Quality, Environmental Health Section - 701-328-9921 or 1-800-472-2121
              • North Dakota Emergency Management 24-Hour Hotline: 1-800-472-2121

              Water Well Information:

              • The National Ground Water Association (NGWA) and the Ground Water Protection Council (GWPC) water-testing brochure: offers household water well owners living near oil or gas development and completion activities, including hydraulic fracturing, information on how to go about getting their water tested prior to oil and gas activities to establish baseline water quality and guidelines for retesting the water after oil and gas development and completion activities. Addressed in the brochure are issues such as "chain-of-custody� testing to ensure unbiased, accurate sampling and test results, what constituents to test, what to do if one�s water quality changes, and where to get more information. The brochure is not intended to provide guidance for regulation. It is merely designed to provide generalized information to landowners. The information it contains has not been designed to cover every unique circumstance of local geology or geochemistry. Therefore, it should be used only as guidance for landowners.

              Additional Surface Owner Links and Resources:

              • Northwest Landowners Association
              • North Dakota Petroleum Council - Surface Owner Informational Center
              • Bankruptcy Resource Sheet