ND Bar Practice Questions - North Dakota Bar Examination Exam

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A North Dakota landowner severed the mineral estate decades ago, conveying the oil and gas to a company that never developed or used it. Under North Dakota's lapse/abandonment statute for unused mineral interests (N.D.C.C. ch. 38-18.1), what can happen to the unused mineral interest?

It may be deemed abandoned and the surface owner may succeed to it if the mineral interest goes unused for the statutory period (20 years) and the owner fails to record a statement of claim after notice It can never revert; mineral interests are perpetual It automatically transfers to the State of North Dakota after one year It must be sold at a tax sale immediately

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