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Marvin Nelson, et al. v. Persons Unknown, et al.
Date: 11-21-2024
Case Number: 20230257
Judge: Deniel S. El-Dweek
Court: District Court, McKenzie County, North Dakota
Plaintiff's Attorney:
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Defendant's Attorney:
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Description:
Marvin Nelson, Michael Coachman, and Paul Sorum (collectively "petitioners") appeal from district court orders in McKenzie and Williams Counties dismissing their petitions to quiet title in certain minerals below the "Wenck line" of the Missouri River and Lake Sakakawea and awarding attorney's fees. Because the cases are factually and legally interrelated, we resolve them in one decision where we affirm in part, reverse in part, and remand the cases for further proceedings.
The petitioners argue that North Dakota relinquished any claim to the mineral rights below the Wenck line of the Missouri River and Lake Sakakawea when N.D.C.C. ch. 61-33.1 became effective in 2017. See Sorum v. State, 2020 ND 175, 947 N.W.2d 382 (explaining developments leading to adoption of N.D.C.C. ch. 61-33.1) and Wilkinson v. Board of University & School Lands, 2020 ND 179, 947 N.W.2d 910 (applying N.D.C.C. ch. 61-33.1 to determine the State had no ownership interest in certain minerals).
The petitioners claim the State owned or claimed to own the disputed mineral interests until N.D.C.C. ch. 61-33.1 was enacted in 2017. The petitioners list 16 issues in their McKenzie County appeal and 14 issues in their Williams County appeal. Most of what they describe as issues are claims or arguments, which we reduce to those addressed below. The essence of their lawsuits is that the State abandoned the minerals, nobody else has claimed the minerals, the minerals were "up for grabs" and the petitioners claimed the minerals. They contend the district court erred by not recognizing their ownership of the minerals, by not granting quiet title because they claimed the abandoned minerals before anyone else, and by finding their actions frivolous and awarding the answering defendants their attorney's fees.
Nelson v. Lindvig, 2024 ND 208, 20230257, 20240106 (N.D. Nov 21, 2024)
Watford, North Dakota real property lawyers represented the parties in a oil and gas mineral law case.
Marvin Nelson, Michael Coachman, and Paul Sorum (collectively "petitioners") appeal from district court orders in McKenzie and Williams Counties dismissing their petitions to quiet title in certain minerals below the "Wenck line" of the Missouri River and Lake Sakakawea and awarding attorney's fees. Because the cases are factually and legally interrelated, we resolve them in one decision where we affirm in part, reverse in part, and remand the cases for further proceedings.
The petitioners argue that North Dakota relinquished any claim to the mineral rights below the Wenck line of the Missouri River and Lake Sakakawea when N.D.C.C. ch. 61-33.1 became effective in 2017. See Sorum v. State, 2020 ND 175, 947 N.W.2d 382 (explaining developments leading to adoption of N.D.C.C. ch. 61-33.1) and Wilkinson v. Board of University & School Lands, 2020 ND 179, 947 N.W.2d 910 (applying N.D.C.C. ch. 61-33.1 to determine the State had no ownership interest in certain minerals).
The petitioners claim the State owned or claimed to own the disputed mineral interests until N.D.C.C. ch. 61-33.1 was enacted in 2017. The petitioners list 16 issues in their McKenzie County appeal and 14 issues in their Williams County appeal. Most of what they describe as issues are claims or arguments, which we reduce to those addressed below. The essence of their lawsuits is that the State abandoned the minerals, nobody else has claimed the minerals, the minerals were "up for grabs" and the petitioners claimed the minerals. They contend the district court erred by not recognizing their ownership of the minerals, by not granting quiet title because they claimed the abandoned minerals before anyone else, and by finding their actions frivolous and awarding the answering defendants their attorney's fees.
Nelson v. Lindvig, 2024 ND 208, 20230257, 20240106 (N.D. Nov 21, 2024)
Outcome:
Dismissed for failing to state a claim.
Affirmed
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Marvin Nelson, et al. v. Persons Unknown, et al.?
The outcome was: Dismissed for failing to state a claim. Affirmed
Which court heard Marvin Nelson, et al. v. Persons Unknown, et al.?
This case was heard in District Court, McKenzie County, North Dakota, ND. The presiding judge was Deniel S. El-Dweek.
Who were the attorneys in Marvin Nelson, et al. v. Persons Unknown, et al.?
Plaintiff's attorney: Click Here For The Best Watford Real Property Lawyer Directory. Defendant's attorney: Click Here For The Best Watford Real Property Lawyer Directory.
When was Marvin Nelson, et al. v. Persons Unknown, et al. decided?
This case was decided on November 21, 2024.