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CONTOS v. HERBST

No. 47346.

278 N.W.2d 732 (1979)

Allison CONTOS, et al., Appellants, v. Robert L. HERBST, Individually, and as Commissioner of the Minnesota Department of Natural Resources, et al., Respondents, Andrew Korda, Individually, and as Auditor for St. Louis County, Respondent, Minnesota Chippewa Tribe, Respondent.

Supreme Court of Minnesota.

Rehearing Denied March 13, 1979.

Attorney(s) appearing for the Case

Hanft, Fride, O'Brien & Harries and Tyrone P. Bujold and Paul J. Lokken, Duluth, for appellants.

Warren Spannaus, Atty. Gen., C. Paul Faraci, Deputy Atty. Gen., Philip Olfelt, Asst. Atty. Gen., Stephen G. Thorne, Sp. Asst. Atty. Gen., Keith Brownell, County Atty., Leo McDonnell, Asst. County Atty., Duluth, Kent Tupper, Walker, for respondents.

Heard, considered, and decided by the court en banc.

KELLY, Justice.

In 1969 the legislature enacted Minn.St. 93.52, which required every owner of a fee simple interest in minerals which interest is owned separately from the fee title to the surface of the property [hereinafter referred to as severed mineral interests] to file for record a verified statement describing that interest with the register of deeds or the register of titles in the county where the interest is located. Minn.St. 93.52, subd. 2. The purpose...

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