Department of Transportation v. Goike

Defendants appeal from a judgment of the circuit court in favor of plaintiff in this mineral rights dispute. We affirm.

Defendants are the former owners of certain real property located in Washington Township in Macomb County. Plaintiff acquired the property in order to improve Highway M-53 and was granted title in fee simple. However, it is undisputed that, pursuant to MCL 231.53; MSA 8.265(3), defendants retained the “fluid mineral and gas rights” in the property.

The issue on appeal is, once the fluid minerals and gas have been extracted from the property, does the resulting underground…