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RICKS v. VAP

No. S-09-991.

784 N.W.2d 432 (2010)

280 Neb. 130

Barbara A. RICKS, appellee, v. Daniel VAP, also known as Daniel S. Vap, and Joe L. Vap, appellees, and Blanche Vap et al., appellants.

Supreme Court of Nebraska.

June 25, 2010.

Attorney(s) appearing for the Case

George G. Vinton, North Platte, for appellants.

Daylene A. Bennett, of Burger & Bennett, P.C., Mccook, for appellee Barbara A. Ricks.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

GERRARD, J.

Nebraska's dormant mineral statutes1 provide that a severed mineral interest shall be considered abandoned if, for a period of 23 years, its "right of ownership" is not publicly exercised by its record owner. Among the ways in which the record owner can exercise the right of ownership are "leasing" or "transferring" the mineral interest with a recorded instrument.2 But if a severed mineral interest...

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