793 N.W.2d 797
N.D.2011Background
- Sorenson, surface owner in Mountrail County, sought to quiet title to mineral interests held by the Alinder children.
- The Alinders acquired their mineral interest in 1953; the interest had remained unused for over 50 years.
- Sorenson published a lapse notice in January 2007 and mailed it within ten days after the last publication to the address of record.
- The Alinders' children filed statements of claim to the mineral interests in May 2008; Sorenson filed quiet title, and the children counterclaimed.
- The district court held Sorenson failed to strictly comply with statute, requiring a 'reasonable inquiry' to locate addresses before mailing.
- The court reversed, concluding Sorenson’s mailing to the address of record complied with the statute; the 'reasonable inquiry' requirement did not apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 'reasonable inquiry' is required when address is of record | Sorenson complied with mailing to address of record | District court correctly required reasonable inquiry | No, court erred; Sorenson complied and no reasonable inquiry needed |
Key Cases Cited
- Sorenson v. Felton, 2011 ND 33 (2011) (interprets § 38-18.1-06(2) on reasonable inquiry when address not shown of record)
- Johnson v. Taliaferro, 2011 ND 34 (2011) (confirms when address shows of record, no reasonable inquiry required)
- Halvorson v. Starr, 2010 ND 133 (2010) (statutory interpretation as a question of law; full review on appeal)