Rule 12-704 - Termination of Dormant Mineral Interest(a)Petition for Termination.(1)By Whom and Where Filed. At any time after October 1, 2011, a surface owner of real property that is subject to a severed mineral interest may initiate an action to terminate a dormant mineral interest by filing a petition in the circuit court of any county in which the surface estate is located, but if a trust created under Rule 12-703 is in existence, then in the county where the trust was created.(2)Contents. The petition shall be captionedIn the Matter of ..., stating the location of each surface estate subject to the mineral interest. It shall be signed and verified by the petitioner and shall contain at least the following information:(A) the petitioner's name, address, and telephone number;(B) the nature of the interest of the petitioner;(C) the name and address of all other surface owners;(D) the reason for seeking the assumption of jurisdiction by the court and a statement of the relief sought;(E) a legal description of the severed mineral interest;(F) the name, address, telephone number, and nature of the interest of all interested persons, including each person who has previously recorded a notice of intent to preserve the mineral interest or a part of a mineral interest pursuant to Code, Environment Article, § 15-1204;(G) the nature and location of the surface estate or estates subject to a severed mineral interest; and(H) an affidavit signed by each surface owner affirming fee simple ownership of the surface estate, including a reference to each recorded document establishing such ownership. If any person whose name is required information under this subsection is unknown, that fact shall be stated. If any person is the unknown heir of a decedent, that person shall be described as the unknown heir of ___, deceased. Cross reference: See Code, Environment Article, §§ 15-1203 through 15-1205.
(b)Service. The proceeding shall be deemed in rem or quasi in rem. A copy of the petition and attached documents shall be served on all persons with a legal interest in the severed mineral interest named in the petition and all surface owners who have not joined in the petition. Service on a person alleged to be unknown or missing shall be pursuant to Rule 2-122. Otherwise, service shall be pursuant to Rule 2-121.(c)Late Notice of Intent to Preserve Interest. Unless the mineral interest has been unused for a period of 40 years or more preceding the commencement of the action, the court shall permit the owner of the mineral interest to record a late notice of intent to preserve the mineral interest and dismiss the action, provided that the owner of the mineral interest pays the litigation expenses incurred by the surface owner of the real property that is subject to the mineral interest. Cross reference: See Code, Environment Article, § 15-1203(c) for actions constituting use of an entire mineral interest.
(d) Hearing. The court, in its discretion, may hold a hearing on the petition.(e)Order. The court shall enter an order granting or denying the petition. An order terminating a mineral interest shall identify: (1) the mineral interest, (2) each surface estate into which the mineral interest is merged, including the tax map and parcel number, (3) the name of each surface owner, (4) if known, the name of each person that owned the mineral interest prior to the termination date and any information the court determines appropriate to describe the effect of the termination and merger of the mineral interest. The order also shall describe the proportional shares, if any, of each surface owner in each tract. The clerk shall record a copy of the order of termination in the land records of each county in which the mineral interest is located. Md. R. Prop. Act'n 12-704
Adopted June 7, 2011, eff. 7/1/2011. Amended March 11, 2013, eff. 5/1/2013.HISTORICAL NOTES
2013 Orders
May 1, 2013 order added language to (e) describing the contents of a certain court order, added language to the cross reference at the end of the Rule, and made stylistic changes.
See Code, Environment Article, § 15-1203(d)(2) for the effects of an order terminating a mineral interest. See also Code, Environment Article, § 15-1203(d)(3). .