North Dakota § 38-13.1-01 Trusts for unlocatable mineral, leasehold, or royalty interest owners - Creation

North Dakota Statutes

§ 38-13.1-01 — Trusts for unlocatable mineral, leasehold, or royalty interest owners - Creation

North Dakota § 38-13.1-01

Title 38Mining and Gas and Oil Production

Ch. 38-13.1Trusts for Unlocatable Mineral Owners

This text of North Dakota § 38-13.1-01 (Trusts for unlocatable mineral, leasehold, or royalty interest owners - Creation) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 38-13.1-01 (2026).

Text

Creation.
A person that owns a mineral, leasehold, or royalty interest underlying a tract of land may
petition the district court of the county in which the tract or a portion of the tract is located to
declare a trust in favor of other persons also owning or claiming an interest in the mineral,
leasehold, or royalty interest underlying the tract if the place of residence and present
whereabouts of the other persons are unknown and cannot reasonably be ascertained. In
requesting the appointment of a trustee, the petitioner must show that a diligent but
unsuccessful effort to locate the absent owner or claimant has been made and that appointment
of a trustee will be in the best interest of all owners of an interest in the mineral, leasehold, or
royalty interest. After determining that these

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Creation.
A person that owns a mineral, leasehold, or royalty interest underlying a tract of land may
petition the district court of the county in which the tract or a portion of the tract is located to
declare a trust in favor of other persons also owning or claiming an interest in the mineral,
leasehold, or royalty interest underlying the tract if the place of residence and present
whereabouts of the other persons are unknown and cannot reasonably be ascertained. In
requesting the appointment of a trustee, the petitioner must show that a diligent but
unsuccessful effort to locate the absent owner or claimant has been made and that appointment
of a trustee will be in the best interest of all owners of an interest in the mineral, leasehold, or
royalty interest. After determining that these conditions have been met, the court shall appoint
the county treasurer as trustee and shall authorize the county treasurer to execute and deliver
an oil, gas, or other mineral lease, a ratification, a division order, or any other related document
or instrument on the terms and the conditions as the court may approve. A trust in existence on
August 1, 2007, may be transferred to the county treasurer of the county in which the mineral,
leasehold, or royalty interest is located.