SEECO can't find minority mineral rights owners, Pope County, AR

In the 1940's my wife's grandfather sold half the mineral rights to the Fayetteville Shale under our property, so we are left with 50%. 3% went to a title company in Tulsa, Oklahoma, who wants to keep their ownership. The other 47% is split between two men in Tulsa that can't be found. SEECO sent me this email with this request, " As with your tract The decedents of E.W. Ham and Frank Murk own 50% of the mineral rights, the other 50% is owned by the current surface owners . You wouldn't possibly have any contacts with the decedents of Mr.. Ham or Mr. MurK for us to contact, the chain of title runs out and we have been unable to locate them."

I know regaining mineral rights in Arkansas is tough. Does anyone know how to go about it in this situation. In some states the mineral rights would come back to the surface owners, but not in Arkansas. I've spoken with the Arkansas Oil and Gas Commission, and they are sympathetic, but not helpful.

Maybe someone can put me in contact with a mineral rights lawyer? Maybe a land man reading this or a mineral rights lawyer reading this can help.

I tried to put all the owners on the tax roles, so I could get the property when the missing owners failed to pay their taxes, but the county refuses to do this.

Tags: County, Fayetteville, Land, Lawyer, Man, Mineral, Pope, Rights, Shale

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Permalink Reply by The_Baron on July 13, 2009 at 6:27
Start by readin g this:
Attachments:
Permalink Reply by WayneandAnna on July 13, 2009 at 10:39
I've read that several times over the last 18 months. It's a good tutorial.

The State of Arkansas is not helpful to surface rights owners with 50% of the mineral rights, perhaps because they get the money if the lost mineral rights owners are never found. The lost owners' money would go into escrow for five years, then go to the State. So, the State has a conflict of interest in helping us regain Anna's grandfather's mineral interests. I did get the lawyer at the Arkansas Oil and Gas Commission to admit that some people had regained their mineral rights, and that the right lawyer could help, but he cast some doubt about the legal robustness of those legal remedies. My opinion is that a cold trail from the 1940s is unlikely to produce a person to challenge a legal remedy even if it lacks total robustness.
Permalink Reply by The_Baron on July 16, 2009 at 8:05
A good PI could (maybe) track them down.
Permalink Reply by WayneandAnna on July 16, 2009 at 8:13
Yes, but if found, they probably wouldn't want to sell. I'd be out the money for the PI with nothing to show for it. I've thought about taking a trip to their last known address and doing the PI work myself just for fun. That would be a trip of a 1000 miles and many nights in hotels.
Permalink Reply by WayneandAnna on July 13, 2009 at 8:06
I have found the following in the Arkansas state Statute:

26-37-314.Sale of tax delinquent severed mineral interests prohibited.

(a)(1)When severed mineral interests are forfeited to the state and conveyed by certification to the Commissioner of State Lands for nonpayment of property taxes, title to the severed mineral interests shall vest in the State of Arkansas in the care of the Commissioner of State Lands.

(2)The Commissioner of State Lands shall so notify the owner of record by certified mail at his or her last known address.

(3)(A)Except as provided in subsection (b) of this section, the Commissioner of State Lands shall not sell the severed mineral interests but shall retain the severed mineral interests indefinitely for redemption.

(B)However, the severed mineral interests may be leased by the Commissioner of State Lands if he or she determines that a lease is in the best interest of the state.

(C)All benefits, including royalty and leasehold payments, accruing after title vests in the state and before redemption shall be payable to the Commissioner of State Lands.

(D)Upon receipt of any such benefits, the Commissioner of State Lands shall deposit the funds into financial institutions in this state.



(4)(A)The tax-delinquent severed mineral interests may be redeemed at any time in the manner prescribed for the redemption of tax-delinquent real property.

(B)However, upon redemption the owner shall not be entitled to any payments received by the Commissioner of State Lands before redemption.



(5)All funds derived from redemption shall be held in escrow by the Commissioner of State Lands for one (1) year, at which time they shall be distributed the same as funds derived from the redemption of real property.



(b)(1)After the expiration of the redemption period prescribed by this subchapter, the Commissioner of State Lands shall sell the severed mineral interests to the surface owners if the surface owners opt to purchase the tax-delinquent severed mineral interests.

(2)The surface owner purchasing severed mineral interests under subdivision (b)(1) of this section shall be allowed to purchase the severed mineral interests for an amount equal to the delinquent taxes and shall not be required to pay any interest or penalties if the surface owner was not the owner of the severed mineral interests at the time the taxes became delinquent.
Permalink Reply by WayneandAnna on July 16, 2009 at 7:23
T10N 20W, Pope County, AR

More precisely: Northeast Quarter of the Southeast Quarter (NE/4 SE/4) of section 7, Township 10North, Range 20 West
Permalink Reply by Mac Davis on July 16, 2009 at 12:02
Makes you appreciate Louisiana's practice of mineral rights reverting to the surface property owner after 10 years.

I always feel funny complementing the government.
Permalink Reply by WayneandAnna on July 17, 2009 at 3:16
If I could find that statute, I would send it to some Arkansas legislatures and hope they might enact something similiar.
Permalink Reply by The_Baron on July 17, 2009 at 3:20
Permalink Reply by WayneandAnna on July 17, 2009 at 4:03
Wow, are you smart. How did you know this?

Thank you.
Permalink Reply by Jon Williamson on July 17, 2009 at 4:31
just be happy with 50%!
Permalink Reply by WayneandAnna on July 17, 2009 at 4:33
Greed is good. I want more.

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