What element is NOT needed for a surface owner to claim mineral rights under the Dormant Mineral Act?

To claim mineral rights under the Dormant Mineral Act, an element that is not required is the affidavit of ownership. The Dormant Mineral Act primarily addresses the circumstances under which mineral rights can be considered abandoned or dormant, allowing surface owners to reclaim those rights.

The act establishes specific criteria such as a lack of actual production of the minerals for a period of twenty years, which indicates that the mineral rights have not been actively pursued. Additionally, the surface owner must demonstrate ownership of the surface estate, emphasizing that the rights are tied to the land in question. Lastly, proper notice must be given to the holders of the mineral rights as part of the process to reclaim those rights.

However, the submission of an affidavit of ownership is not a statutory requirement under the Dormant Mineral Act for claiming these rights. This distinction is significant because it highlights the flexibility that surface owners have in initiating their claim without needing to file an affidavit, as long as they can satisfy the other elements outlined in the act.