Expert: Alan H. Coogan - 11/1/2009

Question
Mr. Coogan, My wife and I own 5 acres just outside the Springfield, IL city limits. When I bought the property I was informed that the mineral rights had been sold almost an hundred years earlier. I began researching to find the owners so I could repurchase my mineral rights and could find no current owners registered. I contacted the State of IL Dept of Natural Resources/Mines %26 Minerals. They have spent thousands doing a mineral rights search of public records and could find no registered owners of the mineral rights for my property. The Sangamon Co. Clerk's office said that all the mineral rights for this area were purchased by the Old Ben Coal Company around 1900, but they are no longer in business. A US Supreme court worker's comp ruling for 1986, ruled that the claimant could not receive damages because the Old Ben Coal Co. had no assets. I would like to claim the mineral rights for my property. Can you tell me how I may be able to go about it. Thank you for your assistance.

Answer
Dear Richard:

Your situation is covered by Illinois law--you need to consult a Illinois
real property attorney.

Two suggestions--

1. there may be a mineral-rights lapse statute which returns total ownership
to surface owner after some years of non-use of severed estate.

2.there may be a separate basis for a quiet title action in County court

Good luck

AHC