Johnson v. Taliaferro
793 N.W.2d 804
| N.D. | 2011Background
- The Johnsons, surface owners, filed quiet title actions to mineral interests in Bottineau County; Taliaferro has been the record owner of the minerals since 1950.
- A 1960 five-year Oil, Gas and Mineral Lease listed Taliaferro’s Abilene, TX address, after which no statement of claim was recorded by him or anyone on his behalf.
- In 2009, the Johnsons published notices of lapse and mailed notices of lapse to Taliaferro at his address of record, which he did not receive; notices were later recorded in the county records.
- The quiet title action was served on Taliaferro at a Abilene, TX residential address discovered through online searching, not by a current address on record.
- The district court quieted title to the minerals in the Johnsons, concluding no reasonable inquiry was required where an address appeared of record; Taliaferro appealed.
- The 2009 amendments to chapter 38-18.1 introduced new requirements (including a reasonable inquiry) for quiet title actions, but the court held those cannot negate vested rights under pre-2009 law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reasonable inquiry is required when a mineral owner’s address appears of record | Taliaferro | Johnsons | No reasonable inquiry required; address on record suffices |
| Effect of 2009 amendments on vested mineral rights and quiet title proceedings | Taliaferro | Johnsons | Amendments cannot retroactively deprive vested rights; not applicable to quiet title for pre-existing vesting |
| Whether the Johnsons could quiet title to minerals vested in them before 2009 without proving a reasonable inquiry | Taliaferro | Johnsons | Yes; district court did not err in not requiring a reasonable inquiry under pre-2009 law |
Key Cases Cited
- Hasper v. Center Mut. Ins. Co., 2006 ND 220 (ND Supreme Court 2006) (summary judgment standard on appeal)
- Sorenson v. Felton, 2011 ND 33 (ND Supreme Court 2011) (reasonable inquiry when mineral owner’s address is not of record)
- Wheeler v. Gardner, 2006 ND 24 (ND Supreme Court 2006) (statutory interpretation as a question of law)
- White v. Altru Health Sys., 2008 ND 48 (ND Supreme Court 2008) (retroactivity and vested rights doctrine)