Wilson v. Bishop
Decision Date | 17 October 1980 |
Docket Number | No. 52136,52136 |
Citation | 82 Ill.2d 364,45 Ill.Dec. 171,412 N.E.2d 522 |
Parties | , 45 Ill.Dec. 171 Robert Joe WILSON, Appellant, v. Marceil Greenhalgh BISHOP et al., Appellees. |
Court | Illinois Supreme Court |
Theodore Van Winkle, of Van Winkle & Van Winkle, McLeansboro, for appellant.
Maurice E. Gosnell, of Gosnell, Benecki, Borden & Enloe, Ltd., Lawrenceville, and Howard W. Campbell and Craig R. Hedin, of Campbell, Furnall, Moore & Jacobsen of Mount Vernon, for appellees.
This litigation arose in 1976 when it was discovered that commercial quantities of oil underlay a portion of a 72-acre tract of land in White County in which the surface area is owned by plaintiff, Robert Joe Wilson. The dispute concerns ownership of an undivided one-third interest in the oil and gas, which plaintiff claims pursuant to the operation of the dormant mineral interests act (the Act) (Ill.Rev.Stat.1975, ch. 30, pars. 197, 198). The circuit court of White County, however, held that those sections "violate the due process and contract clauses of the Constitutions of the State of Illinois and the United States." The appeal comes directly to us pursuant to our Rule 302(a). 73 Ill.2d R. 302(a).
Plaintiff alleged that defendant Marceil Greenhalgh Bishop, and defendants Donald B. Driscoll and Ann Driscoll, individually and as trustees under the will of Beatrice M. Driscoll, abandoned their ownership of the disputed interest by failing to file written notices in the recorder's office of White County or by otherwise preserving their ownership as provided in the following sections of the Act:
(Ill.Rev.Stat.1975, ch. 30, pars. 197, 198.)
Plaintiff maintains that the statute automatically vested the disputed interest in him upon failure of defendants to comply with the statutory requirements, and that the oil and gas leases entered into between defendants and J. D. Turner in 1975 are null and void. Following a bench trial the court entered a decree which included findings that the interests of defendants Bishop and Driscoll constituted a severed freehold estate entitled to the usual rights and incidents of vested ownership, and that the quoted sections of the Act deprive defendants of their property without due process of law and impair the obligations of contract. The court accordingly declared that the oil and gas leases between defendants and Turner are valid, and ordered the impounded oil proceeds paid to defendants in proportion to their ownership interests.
In this appeal, plaintiff argues that the trial court erred in treating the rights of a severed mineral interest owner as vested property rights, in refusing to consider the Act's effect as a statute of limitations, and in finding that plaintiff did not acquire the mineral interests of defendants. It is well established .) (Polyvend, Inc. v. Puckorius (1979), 77 Ill.2d 287, 293-94, 32 Ill.Dec. 872, 395 N.E.2d 1376, appeal dismissed (1980), 444 U.S. 1062, 100 S.Ct. 1001, 62 L.Ed.2d 744; see Memphis Light, Gas & Water Division v. Craft (1978), 436 U.S. 1, 9-10, 98 S.Ct. 1554, 1560-61, 56 L.Ed.2d 30, 39; Board of Regents v. Roth (1972), 408 U.S. 564, 569, 556, 92 S.Ct. 2701, 2705, 33 L.Ed.2d 548; Perry v. Sindermann (1972), 408 U.S. 593, 599, 92 S.Ct. 2694, 2698, 33 L.Ed.2d 570, 578.) Recognition of protected property interests requires an extraconstitutional inquiry into existing rules or provisions in State law. As the United States Supreme Court concluded in Roth :
(408 U.S. 564, 577, 92 S.Ct. 2701, 2709, 33 L.Ed.2d 548, 561.)
See Memphis Light Gas & Water Division v. Craft (1978), 436 U.S. 1, 9, 98 S.Ct. 1554, 1560, 56 L.Ed.2d 30, 39; Goss v. Lopez (1975), 419 U.S. 565, 572-73, 95 S.Ct. 729, 735, 42 L.Ed.2d 725, 733-34; Polyvend, Inc. v. Puckorius (1979), 77 Ill.2d 287, 294-95, 32 Ill.Dec. 872, 395 N.E.2d 1376.
It has long been recognized in this State that a severed mineral interest is a freehold estate entitled to the customary incidents of ownership. (Pickens v. Adams (1955), 7 Ill.2d 283, 131 N.E.2d 38; Miller v. Ridgley (1954), 2 Ill.2d 223, 117 N.E.2d 759; Jilek v. Chicago, Wilmington & Franklin Coal Co. (1943), 382 Ill. 241, 47 N.E.2d 96.) This recognition, moreover, represents the position overwhelmingly embraced by other States. (Wheelock v. Heath (1978), 201 Neb. 835, 272 N.W.2d 768; Chicago & North Western Transportation Co. v. Pedersen (1977), 80 Wis.2d 566, 259 N.W.2d 316; Trustees of Tufts College v. Triple R. Ranch, Inc. (Fla.1973), 275 So.2d 521; 1 A W. Summers, Oil and Gas sec. 139 (1954); 54 Am.Jur.2d Mines and Minerals sec. 116 (1971).) It is accordingly clear that the severed mineral interests here under consideration constitute protected property interests entitled to the procedural safeguards which due process requires.
The United States Supreme Court has emphasized that due process of law, at a minimum, prohibits the deprivation of property without providing notice and an opportunity for a hearing appropriate to the nature of the case. (Memphis Light, Gas & Water Division v. Craft (1978), 436 U.S. 1, 13-16, 98 S.Ct. 1554, 1562-63, 56 L.Ed.2d 30, 41-43; Mullane v. Central Hanover Trust Co. (1950), 339 U.S. 306, 313, 70 S.Ct. 652, 657, 94 L.Ed. 865, 872-73.) While "the timing and content of the notice and the nature of the hearing will depend on appropriate accommodation of the competing interests involved" (Goss v. Lopez (1975), 419 U.S. 565, 579, 95 S.Ct. 729, 738-39, 42 L.Ed.2d 725, 737, citing Cafeteria Workers v. McElroy (1961), 367 U.S. 866, 895, 81 S.Ct. 1743, 1748, 6 L.Ed.2d 1230, 1236; Morrissey v. Brewer (1972), 408 U.S. 471, 481, 92 S.Ct. 2593, 2600, 33 L.Ed.2d 484, 494; see Powell v. Jones (1973), 56 Ill.2d 70, 78, 305...
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