Ellis v. McKenzieAnnotate this Case
The Court of Appeals affirmed the judgment of the circuit court finding that the Dormant Mineral Interests Act (the Act), Md. Code Ann. Envir. 15-1201 through 15-1206, is constitutional and terminating Petitioners’ mineral interests.
The Act authorizes a circuit court, under certain circumstances, to terminate a dormant severed mineral interest, thus effecting a merger of that mineral interest with the estate overlying it. Owners of surface estates (Respondents), invoked the Act, seeking termination of dormant mineral interests held by Petitioners. The circuit court entered a final order merging the terminated mineral interests of Petitioners into the surface estates of Respondents. The Supreme Court affirmed, holding that the Act does not violate Article 24 of the Maryland Declaration of Rights or Article III, section 40 of the Maryland Constitution because the Act is not retrospective and vested rights are not subject to Maryland’s enhanced protection rule.