# Title 38 — Mining and Gas and Oil Production

## Chapter 38-13.1 — Trusts for Unlocatable Mineral Owners

### § 38-13.1-01. Trusts for unlocatable mineral, leasehold, or royalty interest owners -

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.
### § 38-13.1-02. No further liability for petitioner.

If a trust in favor of unlocatable owners or claimants of an interest the mineral, leasehold, or
royalty interest has been created and all bonuses, rental payments, royalties, and other income
due to the unlocatable owners being or have been paid to the trustee, the person petitioning for
creation of the trust is not liable for further claims by unlocatable owners for bonuses, rental
payments, royalties, and other income produced after the creation of the trust.
### § 38-13.1-03. Administration of trust.

The administration of the trust must comply with the appropriate provisions regulating trusts
contained in title 59. Except as provided in this section, trustee or attorney's fees may not be
paid from the trust proceeds. All bonuses, rental payments, royalties, and other income must be
paid to the trustee until the trust is terminated and notice of its termination is given to all
interested parties. The trustee shall distribute all moneys held in the trust to the person entitled
to the money upon the order of the district court. A trust in favor of unlocatable owners must be
kept in force until the unlocatable owners of the mineral interests in question have successfully
claimed their share of the funds held in trust and have filed the notice as provided in section
### § 38-13.1-04. The creation of a trust in favor of unlocatable owners does not affect the right of a

surface owner who succeeds to ownership of a mineral interest upon its lapse under chapter
38-18.1. A person who succeeds to ownership under chapter 38-18.1 owns the mineral interest
and the proceeds from the mineral interest from the date of succession. The trustee shall invest
funds in a prudent manner. Upon receipt, fifty percent of the moneys paid to the trustee must be
credited to the general fund of the county in which the mineral interest is located to defray the
costs of administration. Funds held in trust are subject to the laws governing abandoned
property as provided in chapter 47-30.2.
### § 38-13.1-04. Filing of addresses - Fee.

A person claiming an interest in the mineral, leasehold, or royalty interest underlying a tract
of land that is the subject of a trust proceeding under section 38-13.1-01 may record with the
recorder of each county in which the land is located a notice containing the person's address
and a description of the person's mineral, leasehold, or royalty interest. Recording the notice
creates a rebuttable presumption that the person owns the interest claimed.
