MT Supreme Court: Dinosaur Fossils Are Not Minerals

The case involves farm and ranch land in Montana. The land was initially owned by the Seversons and for approximately 15 years, it was run as a partnership between the Seversons and the Murrays, who worked there as ranchers. In 2005, the Seversons severed the surface estate from the mineral estate. They sold the surface estate to the Murrays, and divided the mineral estate into thirds, with Robert Severson (held by BEJ Minerals), Jerry Severson (held as RTWF), and the Murrays each receiving 1/3 mineral interest. Specifically, the deed provided that the parties would co-own “all right title and interest in and to all of the oil, gas, hydrocarbons, and other minerals, in, on and under, and that may be produced from the property…” together with the right of “mining, drilling, exploring, operating, and developing said lands for oil, gas, hydrocarbons, and minerals.” At the time of this severance and sale, neither party suspected there were dinosaur fossils on the land, considered whether dinosaur fossils would be included in the mineral estate, or expressed any intent about who would be entitled to ownership of any fossils found on the property. Shortly after the sale, the Murrays discovered numerous fossils on the property, including remains of two dinosaurs in combat referred to as the Dueling Dinosaurs and the nearly complete remains of a Tyrannosaurus rex. These fossils are rare, and the Murrays sold or have offered to sell various pieces for millions of dollars. The proceeds from these sales are being held in escrow pending resolution of this lawsuit...The Montana Supreme Court answered this question in the negative, holding that under Montana law, dinosaur fossils are not considered a mineral for the purpose of a mineral reservation...MORE