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To stake a claim to any oil/gas interests in North Dakota, you need to go online and file a 'statement of claim' form. Fill in the county name and provide the legal description of the lot with the name and address of everyone making the claim.
The most common way is through a will or estate plan. When the mineral rights owner dies, their heirs will become the new owners. Another way to transfer mineral rights is through a lease. If the mineral rights are leased to a third party, the new owner will need approval from the current lessee to claim them.
Determining Cost Basis for Inherited Land The cost basis for inherited mineral rights is ?fair value.? It's simply the book value of what you receive on the day you acquire it. If you sell your rights afterward, you'll have to pay capital gains tax on the difference between your cost basis and the sale price.
A mineral rights owner does not necessarily have to own the land property itself but must have a legal agreement with the property owner. In North Dakota, mineral rights can be transferred in three ways: deed, probate or court action.
It's safe to assume that the value of mineral rights in North Dakota for non-producing properties will be lower than $1,000/acre with rare exceptions. It is also safe to assume that the value will be between $0 and $250/acre in most cases. Many mineral buyers do not want to buy non-producing mineral rights.