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LIEN v. SIMONS

No. CV-79-181-BLG.

522 F.Supp. 712 (1981)

Clara LIEN and Richland County, Montana, Plaintiffs, v. Kenneth W. SIMONS and Eva L. Spies, heirs at law of Walter Simons and Hattie Simons, husband and wife, deceased; Shell Oil Company; et al., Defendants and Third-Party Plaintiffs, v. Clara LIEN; Richland County, Montana, a body politic and corporate; Garfield N. Servo and Norma Servo, husband and wife; Peter Randall Servo and Marilyn Servo, husband and wife; Nicholas A. Servo and Cathy Servo, husband and wife; Douglas B. Servo, a single man; Gayle S. Harp and William Harp, wife and husband; Sharon A. Woodworth and Robert L. Woodworth, wife and husband; Lynda Servo Eaton and Thomas Eaton, wife and husband; Bergliot Morse and Alvis L. Morse, wife and husband, Third-party Defendants.

United States District Court, D. Montana, Billings Division.

September 23, 1981.

Attorney(s) appearing for the Case

Thomas R. Halvorson, Sidney, Mont., Richard W. Anderson, Billings, Mont., for plaintiff Lien & third-party defendants.

V. G. Koch, Sidney, Mont., for Richland County.

W. H. Bellingham, Moulton, Bellingham, Longo & Mather, Billings, Mont., for defendants and third-party plaintiffs.

MEMORANDUM OPINION

BATTIN, Chief Judge.

The issue presented by the parties' cross motions for summary judgment is whether a tax deed purporting to convey mineral rights is effective against a prior reservation of mineral rights by deed. Because it is well-settled in Montana that minerals in place may not be taxed, we conclude that the tax deed does not convey the mineral rights. The minerals thus belong to the defendants.

I. FACTUAL BACKGROUND<...

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