Property - Mineral Rights - Nebraska Supreme Court Finds Retroactive Statutory Extinguishment of Outstanding Mineral Interests Unconstitutional
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Authors
Sanborn, Jarisse J.
Issue Date
1980
Volume
13
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|In December 1978, the Nebraska Supreme Court had its first opportunity to rule on the constitutionality of a 1967 state statute which presumed abandonment of severed subsurface mineral interests after twenty-three years of nonuse and permitted vesting of title to those minerals in the surface owners. The court's decision in Wheelock v. Heath held the retrospective application of that statute unconstitutional insofar as it operated to deprive "known property owners of their subsurface rights without notice, hearing or compensation in violation of the due process and contract clauses of both the United States and Nebraska Constitutions...
Description
Citation
13 Creighton L. Rev. 687 (1979-1980)
Publisher
Creighton University School of Law