Johnson v. Taliaferro

20100314 Helen Johnson, Craig A. Johnson
and Julia M. Johnson, Plaintiffs and Appellees
v.
Scott L. Taliaferro, Defendant and Appellant
and
all other persons unknown
claiming any estate or interest
in, or lien or encumbrance upon,
the property described in the
Complaint, Defendants

Appeal from: District Court, Northeast Judicial District, Bottineau County
Judge Michael G. Sturdevant
Nature of Action: Real Property
Counsel:
Appellant: Orlin W. Backes
Appellant: Sara Elizabeth Ruliffson
Appellee: William Eric Bergman
Appellee: Jessica Lee Merchant
Term: 01/2011   Argument: 01/21/2011  2:45pm
ND cite: 2011 ND 34
NW cite: 793 N.W.2d 804

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Did the District Court err in ruling that a reasonable inquiry for the address of the mineral interest owner is not required under N.D.C.C.  38-18.1-06 for the sending of the notice of lapse of mineral interests?
II. Did the District Court err in ruling that proof of a reasonable inquiry for the address of the mineral interest owner for the mailing of the notice of lapse is not required under N.D.C.C.  38-18.1-06.1 for a quiet title action?


Appellee's Statement of the Issues:
Whether the District Court correctly held that surface owners, who completed the statutory process of succeeding to the ownership of abandoned minerals under N.D.C.C. Chapter 38-18.1 prior to the effective date of the 2009 amendments, properly complied with the statutes by mailing the Notice of Lapse to the mineral owner's address of record and were not required to conduct a reasonable inquiry for an address of the mineral interest owner.

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Docket entries:
109/22/2010 NOTICE OF APPEAL: 09/20/2010
210/18/2010 RECORD ON APPEAL
310/29/2010 APPELLANT BRIEF
410/29/2010 APPELLANT APPENDIX
510/29/2010 DISK - ATB (CD)
611/03/2010 Rec'd corrections to ATB and ATA.
711/23/2010 APPELLEE BRIEF & Addendum (e-filed)
811/23/2010 E-FILED BRIEF (AEB)
911/24/2010 Received $25 surcharge for AEB (Receipt #20068)
1011/29/2010 Received 7 copies of AEB from CSD
1112/14/2010 NOTICE OF ORAL ARGUMENT SENT
1201/21/2011 APPEARANCES: Orlin W. Backes & Sara E. Ruliffson; Jessica L. Merchant
1301/21/2011 ARGUED: Sara E. Ruliffson; Jessica L. Merchant
1401/21/2011 ORAL ARGUMENT WEBCAST
1502/08/2011 DISPOSITION: AFFIRMED
1602/08/2011 SPLIT OPINION: VandeWalle, Gerald W.
1702/08/2011 (CONCURRING SPECIALLY): VandeWalle, Gerald W.: CONCUR
1802/08/2011 Costs on appeal taxed in favor of appellee
1903/03/2011 MANDATE
2003/07/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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