website that allows mineral owners to advertise properties available
for lease or purchase.
If the land men can't locate one or more of the fractional owners
because the information is out of date, the state will allow the oil
company to go ahead and lease the land and drill a well under a
"force pooling" arrangement. Land men typically check court records
and search online to locate names and last-known addresses.
Under state law, the only effort oil and gas companies are
required to make is to send a letter to a mineral owner's last-
known address.
The missing owners' share of any lease bonuses and production
payments is given to the state, which keeps the money until the
owners step forward to claim it, no matter how many years pass.
The amounts of money owed to individual owners range from less
than $1 to $329,270.
Most people with substantial mineral rights know what they own
and do what is necessary to make sure they receive their share, said
David Sikes, past president of the Oklahoma chapter of the National
Association of Royalty Owners. Missing owners tend to have smaller
interests and aren't even aware they are owed money, he said.
"It's a really cool thing. It's your birthright," Sikes said. "To
maximize it, you have to pay attention to what you have."
Unclaimed Property Fund
The unclaimed accounts have swelled in recent years because of a
boom in leasing activity and oil and gas production from new wells.
Oklahoma now produces more oil and natural gas every month than it
has at any point in the preceding 19 years, according to the U.S.
Energy Information Administration.
The boom is largely attributable to the advent of horizontal
drilling technology, which has opened the door to drilling in shale
formations where traditional vertical drilling was not considered
feasible.
State officials say among the reasons most royalty owners never
claim their payments is that they have no experience with the oil
and gas industry or don't know they have mineral interests.
Nevertheless, the state must hold their money indefinitely.
The Treasurer's Office says one of its entries dates back to
1974. If the owner ever steps forward, he or she will receive $7.44.
The state began keeping track of mineral owners in 1967.
Even when owners do file claims to retrieve payments, they end up
with less money than they were originally owed. The state charges a
10 percent fee when the money is first deposited from force pooling
leases. The money also diminishes in value over time due to
inflation. Owners get none of the interest or investment returns.
The state is required by law to publish twice a year a list of
the newest names of mineral owners who can't be located.
The Treasurer's Office maintains an online database, searchable
by name, listing all unclaimed deposits and whether they are worth
less or more than $100.
It also sets up booths every year at the state fairs in Oklahoma
City and Tulsa, where people can check the database.
The state stores the money in two accounts.
When oil and gas companies make payments owed to missing mineral
owners in force pooling agreements, they deposit it with the
Oklahoma Corporation Commission's Mineral Owners Escrow Account. The
deposits remain in that account for five years. Then they are
transferred to the state treasurer's Unclaimed Property Fund, from
which the state can borrow.
The Unclaimed Property Fund also receives other direct mineral-
rights payments from oil and gas companies. Typically, in these
cases, the companies have lost track of mineral owners who had
already struck a deal with the company.
Almost every year, the state borrows from the fund, which also
includes money from abandoned bank accounts, unclaimed paychecks,
stocks, utility deposits and other sources.
During each of the last four years, the Treasurer's Office has
made $10 million of the deposits available for appropriation by the
Legislature. The Legislature has also dipped into the fund
periodically to plug budget gaps. During the last two years, those
allocations totaled $42 million.
'The Next Generation'
Ultimately, it's up to mineral owners to make sure county records
are up to date and to determine whether they have unclaimed property
in state accounts.
Keeping track of mineral owners has been a problem for as long as
there has been oil and gas activity in the state, said Dean Martin,
owner of Oklahoma Mineral Owners Registry, a for-profit firm that
charges royalty owners a $35 annual fee to list their name in a
mineral-rights owner database. The database can be searched for free
by oil and gas companies.
Back in the 1910s and 1920s, people would trade mineral rights
like they would donkeys and horses, Martin said.
"A lot of people accumulated mineral rights back then, and they
forgot they had them and they died. The next generation doesn't know
they have it and they move to California or Washington and they
forget about Oklahoma," Martin said.
"Now the oil company comes along and starts drilling. They don't
know about it, and the money will sit in the state literally
forever."
Check the Database
"You could find a pot of gold...!" the Oklahoma Office of the
Treasurer exclaims on its webpage where people can check a database
with names of missing owners of mineral-rights money and other
property. The reality is, most of these owners never claim their
money. Searching is easy, however: Go to tulsaworld.com/unclaimed
and enter at least a last name or the name of a business.
Oklahoma Watch is a nonprofit organization that produces in-
depth and investigative journalism on important public-policy issues
facing the state.
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Millions of Dollars in Mineral Rights Unclaimed
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Source: (C) 2013 Tulsa World. via ProQuest Information and Learning Company; All Rights Reserved
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