landowner

I Need an Arkansas Mineral Rights Lawyer

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.

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.

A lawyer for the Arkansas Oil and Gas Commission told me a few lawyers had been successful in helping people like us (50% mineral rights and 100% surface owners with a historic claim on the property) regain all mineral rights. However, he said he questioned the robustness of the recapture. We'll who is going to challenge the recapture if the 1940s buyers or heirs cannot be found. Plus, the State of Arkansas doesn't want to help surface owners because the state gets the money if the lost owners stay lost.

Can someone recommend a good Arkansas mineral rights lawyer?

Tags: Lawyers, landman

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Replies to This Discussion

Permalink Reply by Jon Williamson on July 14, 2009 at 5:08
Your best bet is going to be trying to locate the rightful heirs and offering to buy their 50%.

Oil & Gas ProPermalink Reply by The_Baron on July 14, 2009 at 5:16
I agree, but if you find the rightful heirs, they may be unwilling to sell when they learn what they now own.

landownerPermalink Reply by WayneandAnna on July 14, 2009 at 5:24
I searched for them and could not find them. SEECO has looked for them for years and can't find them. I'm a good researcher. My father-in-law died in 2002 with an old insurance policy. The funeral home gave up, just couldn't find the company. I found them and collected. The firm had been bought out, the buyer had been bought out, that buyer had been bought out, and the fourth firm had been bought out. I worked through all that and we collected. These people are lost.
Permalink Reply by john goodday on July 14, 2009 at 7:01
What county is the land in and how many acres are involved? (Sec., Township; Range)

landownerPermalink Reply by WayneandAnna on July 14, 2009 at 7:06
Pope County, Arkansas, T10N 20W, 40 acres with 40 more acres with the same problem.

landownerPermalink Reply by WayneandAnna on July 15, 2009 at 3:45
John, where is your land. I remember that you're in Pope County also.
Permalink Reply by john goodday on July 15, 2009 at 5:41
Van Buren Co. - East of yours, right close to the Pope / Van Buren Co., line - T10N, R17W.

landownerPermalink Reply by WayneandAnna on July 16, 2009 at 3:47
Can you give me some ideas about how to find the heirs?

Oil & Gas ProPermalink Reply by The_Baron on July 16, 2009 at 8:07
Hire a Private Investigator.

landownerPermalink Reply by WayneandAnna on July 16, 2009 at 8:16
Too expensive. I'd rather take the 1000 mile trip, stay several nights in a hotel, and do my own investigation. Then what; I find their heirs who don't want to sell.

Oil & Gas ProPermalink Reply by The_Baron on July 16, 2009 at 8:55
which is what would probally happen. You could try this approach:

find them, tell them you know thay own somthing potentially valuble, but you need some form of compensation for going to the trouble of finding them. Sounds a little like blackmail at first, except you are actually doing them a favor, because otherwise they would receive nothing!

landownerPermalink Reply by WayneandAnna on July 16, 2009 at 8:59
I like that approach. I could explain that I've incurred expenses finding them and want to be compensated for my effort.

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