Capps v. Weflen

SANDSTROM, Justice.

[¶ 1] Patricia Capps and others (“Capps”) appeal, and Colleen Weflen and others (‘Weflens”) cross-appeal, from a judgment quieting title to certain Mount-rail County mineral interests in the Capps and the heirs of Ruth Nelson’s estate (“Hassans”). Because the district court erred as a matter of law in ruling the Weflens did not comply with the notice requirements in the abandoned mineral statutes, N.D.C.C. ch. 38-18.1, and because those requirements are constitutional, we reverse and remand for entry of judgment quieting title to the subject mineral interests in the Weflens.