2017 Nebraska Revised Statutes
Chapter 57 - MINERALS, OIL, AND GAS
57-231 Mineral interests; severed; limitation of action.
Mineral interests; severed; limitation of action.
In any action filed within two years after October 23, 1967, the owner of a severed mineral interest may enter his appearance and assert his interest therein, and he shall be deemed thereby to have timely and publicly exercised his right of ownership.
- Laws 1967, c. 348, § 4, p. 926.
Sections 57-228 to 57-231 which declared that mineral rights were abandoned unless the record owner had exercised ownership rights within twenty-three years immediately prior to the filing of an action to cancel the severed mineral interest, are unconstitutional insofar as the statutory provisions could be interpreted to be retroactive in their operation. Monahan Cattle Co. v. Goodwin, 201 Neb. 845, 272 N.W.2d 774 (1978); Wheelock & Manning 00 Ranches, Inc. v. Heath, 201 Neb. 835, 272 N.W.2d 768 (1978).