ORS 517.180
Procedure for extinguishing dormant mineral interest


(1)

An owner of land in which another person holds a mineral interest, may extinguish the holder’s interest by publishing notice and submitting an affidavit of publication for recording as described in subsections (4) to (9) of this section, unless:

(a)

Within the last 30 years, the holder of the mineral interest has submitted a statement of claim for recording in the manner set out in subsection (3) of this section; or

(b)

The holder of the mineral interest acquired the mineral interest within the previous 30 years.

(2)

For the purposes of this section:

(a)

“Mineral interest” includes any interest that is created by an instrument transferring, either by grant, assignment, reservation or otherwise, an interest of any kind in coal, oil, gas or other minerals and geothermal resources, except an interest vested in the United States, the State of Oregon or a political subdivision of the State of Oregon. A mineral interest does not include an interest in sand or gravel.

(b)

“Owner of land” includes a vested fee simple owner or a contract purchaser.

(3)

The statement of claim referred to in subsection (1) of this section shall be submitted for recording in the office of the clerk of the county in which the land affected by the mineral interest is located and shall contain:

(a)

The name and address of the holder of the mineral interest as that name is shown in the instrument that created the original mineral interest; and

(b)

The name and address of the current holder of the mineral interest.

(4)

To extinguish the mineral interest held by another person, and acquire ownership of that interest, the owner of the land shall publish notice of the lapse of the mineral interest at least once each week for three consecutive weeks in a newspaper of general circulation in the county in which the lands affected by the mineral interest are located. If the address of the mineral interest holder is known or can be determined by due diligence, the notice shall also be mailed by the owner of the land to the holder of the mineral interest before the first publication.

(5)

The notice required in subsection (4) of this section shall include:

(a)

The name of the holder of the mineral interest, as shown of record;

(b)

A reference to the instrument creating the original mineral interest, including where it is recorded;

(c)

A description of the lands affected by the mineral interest;

(d)

The name and address of the person giving the notice;

(e)

The date of first publication of the notice; and

(f)

A statement that the holder of the mineral interest must submit a statement of claim to the county clerk within 60 days after the date of the last publication or the mineral interest of the holder may be extinguished.

(6)

A copy of the notice and an affidavit of publication of the notice, as described in subsection (7) of this section, shall be submitted to the county clerk within 15 days after the date of the last publication of the notice in the office of the clerk of the county where the lands affected by the mineral interest are located.

(7)

The affidavit of publication shall contain either:

(a)

A statement that a copy of the notice was mailed to the holder of the mineral interest and the address to which it was mailed; or

(b)

If no copy of the notice was mailed, a detailed description, including dates, of the efforts made to determine with due diligence the address of the holder of the mineral interest.

(8)

If the owner of the land affected by the mineral interest gives notice as required in subsection (4) of this section and submits a copy of the notice and the affidavit of publication for recording as required by subsection (6) of this section, the mineral interest of the holder shall be extinguished and become the property of the owner of the lands, unless the holder of the mineral interest submits a statement of claim to the county clerk within 60 days after the date of the last publication of the notice.

(9)

Upon receipt, the clerk of the county shall record a statement of claim or a notice and affidavit of publication of notice in the Mineral and Mining Record. When possible, the clerk shall also indicate by marginal notation on the instrument creating the original mineral interest the recording of the statement of claim or notice and affidavit of publication of notice. The clerk of the county shall record a statement of claim by cross-referencing in the Mineral and Mining Record the name of the current holder of the mineral interest and the name of the original holder of the mineral interest as set out in the statement of claim.

(10)

The provisions of this section may not be waived at any time. [1983 c.421 §2; 1997 c.819 §10; 1999 c.654 §31]

Source: Section 517.180 — Procedure for extinguishing dormant mineral interest, https://www.­oregonlegislature.­gov/bills_laws/ors/ors517.­html.

517.005
Legislative findings
517.010
Location of mining claims upon veins or lodes
517.030
Recording copy of location notice
517.040
Abandoned claims
517.042
“Legal subdivision” defined for ORS 517.042 to 517.052
517.044
Location of claims upon placer deposits
517.046
Marking boundaries of claim or locating by legal subdivisions
517.052
Recording copy of location notice
517.060
Correcting defective notice of location
517.065
Effect of noncompliance with law in locating claim
517.070
Certain locations subject to prior rights
517.080
Mining claims as realty
517.090
Application to claims of law governing transfers and mortgages of realty
517.100
Sums payable on redemption of claim
517.110
Grubstaking contracts
517.120
Definitions for ORS 517.120 to 517.133
517.123
Legislative findings
517.125
Rules to be adopted in consultation with affected parties
517.128
Restricting access to open mining area or mining claim prohibited
517.130
Mineral trespass
517.133
Interfering with a mining operation
517.135
Exemption from crimes of mineral trespass and interfering with a mining operation
517.140
Legislative findings
517.160
Location of nonmineral land as millsite
517.170
Policy
517.180
Procedure for extinguishing dormant mineral interest
517.210
Recording affidavit of annual compliance
517.220
Affidavit or lack thereof as evidence
517.230
Performance of assessment work by co-owners
517.240
Failure of co-owner to contribute
517.250
Form of notice
517.260
Notice
517.270
Vesting of interest of delinquent co-owner
517.280
Certificate of ownership
517.290
Fee for certificate
517.300
Effect of certificate
517.310
Recording and indexing certificate
517.320
Counteraffidavits of delinquent owner
517.330
Accounting for fees
517.430
Use of timber by lessee
517.440
Lessee, licensee, or operator of mine deemed bailee of yield until payment of lessor and workers
517.702
Legislative findings
517.705
Exploration permit
517.710
Fees
517.715
Exemptions from permit requirement
517.720
Persons with operating permit exempted
517.725
Department inspection of exploration site
517.730
Drill hole or well abandonment
517.735
Exploration on land administered by Department of State Lands
517.740
Rules
517.750
Definitions for ORS 517.702 to 517.989
517.753
Exclusion certificate required for certain small-scale surface mining operations
517.755
Mining operations affecting more than five acres
517.760
Policy
517.770
Exemptions from reclamation requirements
517.775
Permit fee for certain landowners and operators
517.780
Effect on county zoning laws or ordinances
517.790
Operating permit required for surface mining on certain lands
517.795
Department to consult with and cooperate with other agencies
517.797
Memorandum of agreement with Department of State Lands regarding permitting
517.800
Fees
517.810
Requirement for bond or security
517.813
Reclamation Guarantee Fund
517.815
Reclamation bond pooling program
517.820
Extensions of time for submission of proposed reclamation plans
517.825
Mining aggregate on high-value farmland
517.830
Operating permit approval process
517.831
Modification of operating permit or reclamation plan
517.832
Emergency operating permit
517.833
Transfer of operating permit
517.834
Temporary operating permit
517.835
Conditions on operating permit or reclamation plan to prevent impact on ground water
517.836
Surveying or marking surface mining operations
517.837
Annual report by permittee
517.840
Administration and enforcement of ORS 517.702 to 517.989
517.850
Inspection of permit area
517.855
Disruption of portion of mining property preserved from mining
517.860
Effect of failure to comply with operating permit or reclamation plan
517.862
Revocation, termination or refusal to renew operating permit
517.865
Effect of failure to perform reclamation and insufficient bond
517.870
Adjustment of bond or security of operator upon satisfactory completion of reclamation work
517.880
Order for suspension of surface mining operation operating without required permit
517.890
Review of final determination
517.901
Confidentiality of production records, mineral assessments and trade secrets
517.905
Applicability of ORS 517.910 to 517.989 and 517.910 to 517.951
517.910
Definitions for ORS 517.910 to 517.989
517.915
Additional operating permit requirements for nonaggregate mineral mines
517.917
Activation of project coordinating committee
517.920
Permit application fees under ORS 517.910 to 517.989
517.925
Time limit for action on permit application
517.930
Department inspection
517.951
Legislative intent not to assume exclusive jurisdiction
517.952
Definitions for ORS 517.952 to 517.989
517.953
Policy
517.954
Application of ORS 517.952 to 517.989
517.956
Requirements for mining operations
517.957
Department coordination of activities of affected agencies
517.958
Compliance with preapplication process
517.959
Public notice requirements for ORS 517.952 to 517.989
517.961
Notice of intent to submit application
517.963
Department duties upon receipt of notice of intent
517.965
Project coordinating committee
517.967
Technical review team
517.969
Collection of baseline data
517.971
Consolidated application
517.973
Fees
517.975
Distribution of completed consolidated application
517.977
Preparation of draft permits
517.978
Review of application
517.979
Environmental evaluation
517.980
Socioeconomic impact analysis
517.981
Draft permit and permit conditions
517.982
Final permits
517.983
Consolidated contested case hearing
517.984
Modification of permit
517.985
Rulemaking
517.986
Time limit for final action on permit subject to consolidated application process
517.987
Reclamation bond or security
517.988
Permit conditions by State Department of Fish and Wildlife
517.989
Rules applicable to consolidated application
517.990
Criminal penalties
517.992
Civil penalties
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