Maryland’s Dormant Mineral Interest Law Not Unconstitutional

 

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This is not a substitute for legal advice. 

In 2010, the Maryland General Assembly passed the “Dormant Mineral Interests Act” that allows a surface estate owner of real property subject to an unused mineral interest to terminate the unused mineral interest. Recently, two different surface owners of real property with unused mineral interest followed the proper process to terminate the unused mineral interests. In both cases, the mineral interest owners claimed the law was unconstitutional by taking their property without just compensation. In both cases, Maryland courts have upheld the Dormant Mineral Interests Act (Act) as constitutional and not an unconstitutional taking of private property. Continue reading