Peterson v. Jasmanka

Docket Number20130162
Decision Date21 February 2014

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4 cases
  • Capps v. Weflen
    • United States
    • North Dakota Supreme Court
    • October 31, 2014
    ...provides the procedure for a surface owner to succeed to the ownership of an abandoned mineral interest under the land. Peterson v. Jasmanka ex rel. Clark, 2014 ND 40, ¶ 12, 842 N.W.2d 920. There is no dispute that the subject mineral interests were unused for more than 20 years within the ......
  • Nelson v. McAlester Fuel Co.
    • United States
    • North Dakota Supreme Court
    • March 7, 2017
    ...interest vests in the surface owner as of the date of abandonment, without the necessity of a subsequent quiet title action." Peterson v. Jasmanka , 2014 ND 40, ¶ 12, 842 N.W.2d 920 (citing N.D.C.C. § 38–18.1–02 ; Johnson v. Taliaferro , 2011 ND 34, ¶¶ 15–17, 793 N.W.2d 804 ). Thus, if the ......
  • Hall v. Hall
    • United States
    • North Dakota Supreme Court
    • October 21, 2020
    ...§ 38-18.1-02 ] and a subsequent quiet title action, and [has] emphasized they are entirely separate, distinct procedures." Peterson v. Jasmanka , 2014 ND 40, ¶¶ 12-13, 842 N.W.2d 920. Under N.D.C.C. § 38-18.1-06.1(1), providing the process for perfecting title in a surface owner, surface ow......
  • Don's Garden Ctr. v. The Garden Dist.
    • United States
    • North Dakota Supreme Court
    • February 8, 2024
    ...to set aside a void judgment, and accordingly there is no time limit for attacking a void judgment under Rule 60(b)(4)." Peterson v. Jasmanka ex rel. Clark, 2014 ND 40, ¶ 10, 842 N.W.2d 920 (cleaned [¶13] Although Kratz brought his Rule 60(b)(4) motion years after the final orders were ente......
4 books & journal articles
  • CHAPTER 4 DORMANT MINERAL ACTS: POSSIBLE GAME CHANGERS?
    • United States
    • FNREL - Special Institute Development Issues in Major Shale Plays (FNREL)
    • Invalid date
    ...under the pre-2009 law and a quiet title action was brought under the law in effect on August 1,2009.Peterson v. Jasmanka ex rel. Clark, 842 N.W.2d 920, 2014 ND 40 rejected an attempt to engraft the notice requirements under N.D.C.C. ch. 38-18.1 as an additional jurisdictional prerequisite ......
  • CHAPTER 5 COMMON AND COMPLEX ISSUES IN PREPARATION OF A TITLE OPINION - A CLOSER LOOK
    • United States
    • FNREL - Special Institute Oil and Gas Mineral Title Examination (FNREL)
    • Invalid date
    ...2014); Larson v. Norheim, 830 N.W.2d 85 (N.D. 2013); Estate of Christeson v. Gilstad, 829 N.W.2d 453 (N.D. 2013); Peterson v. Jasmanka, 842 N.W.2d 920 (N.D. 2013); Sorenson v. Felton, 793 N.W.2d 799 (N.D. 2011); Sorenson v. Alinder, 793 N.W.2d 797 (N.D. 2011); Johnson v. Taliaferro, 793 N.W......
  • CHAPTER 8 COMMON ISSUES IN PREPARATION OF A TITLE OPINION
    • United States
    • FNREL - Special Institute Nuts & Bolts of Mineral Title Examination (FNREL)
    • Invalid date
    ...2014); Larson v. Norheim, 830 N.W.2d 85 (N.D. 2013); Estate of Christeson v. Gilstad, 829 N.W.2d 453 (N.D. 2013); Peterson v. Jasmanka, 842 N.W.2d 920 (N.D. 2013); Sorenson v. Felton, 793 N.W.2d 799 (N.D. 2011); Sorenson v. Alinder, 793 N.W.2d 797 (N.D. 2011); Johnson v. Taliaferro, 793 N.W......
  • LEGAL DEVELOPMENTS IN 2014 AFFECTING THE OIL AND GAS EXPLORATION AND PRODUCTION INDUSTRY
    • United States
    • FNREL - Journals Legal Developments in 2014 Affecting the Oil and Gas Exploration and Production Industry (FNREL)
    • Invalid date
    ...June 8, 2014). [108] 2013 ND 253, 841 N.W.2d 664. [109] 2013 WL 3766526 (D.N.D. July 16, 2013). [110] 2014 ND 201, 855 N.W.2d 637. [111] 2014 ND 40, 824 N.W.2d 920. [112] 2014 ND 179, 853 N.W.2d 544. [113] 2014 ND 123, 848 N.W.2d 691. [114] 989 N.E.2d 85, 2013-Ohio-465 (Ohio App. 2013). [11......