Estate of Christeson v. Gilstad
829 N.W.2d 453
| N.D. | 2013Background
- In 1963 Edyth Christeson owned an undivided 1/8 mineral interest; surface conveyed to Gilstads’ predecessors in 1964, but mineral interest reserved.
- Edyth died in 1983; Emmett Christeson became her sole heir and later attorneys executed an oil and gas lease in 1989, recorded in Mountrail County.
- Emmett died in 2000; Ronald Christeson survived in 2005 and then Patricia Christeson.
- Gilstads published a Notice of Lapse of Mineral Interests in 2007 under ch. 38-18.1 to deem minerals abandoned, sending notices to Edyth and Emmett estates.
- In March 2011, probate determined chain of title to the mineral interest through the successive generations; Patricia, along with estates, filed quiet title suit against the Gilstads.
- District court granted summary judgment and quieted title in Patricia Christeson, concluding the 1989 lease constituted a use of the mineral interests within 20 years of the lapse notice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether recording a lease by a non-record owner constitutes a use under 38-18.1-03(l)(d). | Gilstads: lease must be by record owner to count as use. | Christeson: statute uses 'recorded' lease; recording by legal owner suffices. | Yes; recording of a lease by the legal owner constitutes a use. |
Key Cases Cited
- Johnson v. Taliaferro, 793 N.W.2d 804 (2011 ND 34) (statutory use defined by recorded lease or conveyance)
- Sorenson v. Felton, 793 N.W.2d 799 (2011 ND 33) (use defined for abandonment context)
- Brigham Oil & Gas, L.P. v. Lario Oil & Gas Co., 801 N.W.2d 677 (2011 ND 154) (title passage upon death and ownership transition)
- Bornsen v. Pragotrade, LLC, 804 N.W.2d 55 (2011 ND 183) (statutory interpretation presumption and no rewrite of clear terms)
- State v. Dennis, 733 N.W.2d 241 (2007 ND 87) (interpretation of statutory language)
- Wimbledon Grain Co. v. Public Serv. Comm’n, 663 N.W.2d 186 (2003 ND 104) (presumption that legislature means what it says)
- Little v. Tracy, 497 N.W.2d 700 (1993 ND) (statutory interpretation principles)
- Doyle v. Sprynczynatyk, 621 N.W.2d 353 (2001 ND) (legislative text adherence when interpreting statutes)
- Van Klootwyk v. Baptist Home, Inc., 665 N.W.2d 679 (2003 ND 112) (statutory interpretation and purpose)