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REC~IVED FROM DEPT. OF NATURAL RESOURCES AND COI~IUNITY DEVELOP~NTo .... CONTACT: EATHERINE FOOTE, 919-733-6376 ¢ DEADLINE APPROACHES FOE PUBLISEING NOTICE OF STATUTE TO EXTINGUISH ANCIENT OIL, GAS AND MINERAL CLAIMS In many North Carolina counties, particularly in the western part of the state, rights to subsurface oil, gas or minerals may have been deeded separately from the surface ownership many years ago. The potential existence of claims to such rights has created a cloud on many property titles, making title searches extremely difficult and title insurance expensive or impossible to obtain. In an effort to remedy this situation, the 1985 General Assembly extended the deadline by which counties can act to have such "ancient" mineral claims (including oil and gas) declared null and void. Under the provisions of G.S. 1-42.9 as amended, the owner of the surface lands will gain fee simple title to the subsurface rights, if the subsurface interests are not preserved by being listed for ad valorem taxes and recorded with the county register of deeds within two years of January 1, 1986. This legislation was sponsored by the N.C. Department of Natural Resources and Community Development. ("Ancient" mineral interests are defined by the statute as those conveyed separately from the surface lands more than 30 years prior to January 1~ 1986, not in the actual course of being mined, drilled, worked or operated, not in the adverse possession of another, and not listed for ad valorem tax purposes by the record title holder in the county in which the interests are located for a period of five years prior to' January 1, 1986.) But the statute's provisions only become effective if the board of. county commissioners publishes notice of the statut~ in a -- newspaper published in the county, or havin~ general circulation in the county, once a week for four consecutive weeks prior to January 1__ 1986. Counties which have not acted to extinguish ancient mineral claims under th~ provisions of similar statutes 1-42.1 through 1-42.9 are urged to take advantage of this extended deadline. In a related bill, the 1985 General Assembly amended G.S. 1-42.9 to provide that, in addition to the claimant or others as specified in the statute, an ancient mineral claim may be recorded for preservation by any person authorized by the claimant to act on his behalf. Neither of the amendments to this statute revive any interests previously rendered ineffective under the provisions of G.S. 1-42.1 through 1-42.9, nor do they extend the time for recording and keeping effective any ancient claims in a county in which the board of commissioners published the required notice by a previously established deadline. For further informatio~ or to obtain a copy of the statute, call the N.C. pepartment o__f Natural Resources and Community Development, Division of Planning and Assessment: (919) 733-6376.