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HB1079 • 2026

Mineral rights; revert to surface owner after certain period of time.

AN ACT TO PROVIDE THAT MINERAL ESTATES SEPARATED FROM THE SURFACE ESTATE SHALL REVERT TO THE OWNER OF THE SURFACE ESTATE AFTER TEN YEARS OF NONPRODUCTION; TO DEFINE NONPRODUCTION; AND FOR RELATED PURPOSES.

Energy Land
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Evans
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The bill did not pass and there are no further details on why it failed in committee.

Mineral Rights Return to Surface Owners

This bill would make mineral rights that are separated from the surface of a property return to the owner of the land if there is no production or attempt at production for ten years.

What This Bill Does

  • Provides that after January 1, 2027, mineral estates separated from the surface estate will revert to the owner of the surface estate if there has been no bona fide attempt to drill for or produce minerals or actual production of minerals within a ten-year period.
  • Defines 'nonproduction' as when there is no drilling or actual production of oil or gas from a well located in the correct government section where the mineral estate lies.

Who It Names or Affects

  • People who own land that has mineral rights separated from it after January 1, 2027.
  • Companies or individuals trying to drill for oil or gas on property where the surface and mineral estates are owned by different people.

Terms To Know

Nonproduction
When there is no drilling or actual production of minerals, such as oil or gas, from a well within the correct government section where the mineral estate lies.
Surface Estate Owner
The person who owns the land on top of the ground.

Limits and Unknowns

  • This bill did not pass and was stopped in committee.
  • It only applies to mineral estates separated after January 1, 2027.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Died In Committee

  2. 2026-01-16 Mississippi Legislative Bill Status System

    01/16 (H) Referred To Judiciary A

Official Summary Text

Mineral rights; revert to surface owner after certain period of time.

Current Bill Text

Read the full stored bill text 
H. B. No. 1079 *HR43/R861* ~ OFFICIAL ~ G1/2
26/HR43/R861
PAGE 1 (MCL\KP)

To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Evans

HOUSE BILL NO. 1079

AN ACT TO PROVIDE THAT MINERAL ESTATES SEPARATED FROM THE 1
SURFACE ESTATE SHALL REVERT TO THE OWNER OF THE SURFACE ESTATE 2
AFTER TEN YEARS OF NONPRODUCTION; TO DEFINE NONPRODUCTION; AND FOR 3
RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. (1) Mineral estates separated from the surface 6
estate after January 1, 2027, shall revert to the owner of the 7
surface estate if, after a ten-year period, there is no bona fide 8
attempt to drill for or produce minerals or no actual production 9
of minerals. The ten-year period may run continuously or be 10
interrupted. If there is attempted or actual production, the 11
period shall be interrupted and shall start to run again on the 12
day after the last day of actual production or the last day actual 13
drilling or production operations are conducted on the property. 14
For contracts providing for shut-in rental payments in lieu of 15
production, the ten-year period may be interrupted, but will start 16
to run again at the end of the period for which the last such 17
rental payment was made if there is no production. The 18
possibility of interruption is not limited to the instances stated 19
H. B. No. 1079 *HR43/R861* ~ OFFICIAL ~
26/HR43/R861
PAGE 2 (MCL\KP)
ST: Mineral rights; revert to surface owner
after certain period of time.
in this section, but may extend to other circumstances as equity 20
may demand. If the ten-year period is interrupted and starts to 21
run again with less than one hundred eighty (180) days remaining 22
in the period, the period shall not expire less than one hundred 23
eighty (180) days after the date on which the period starts to run 24
again. 25
(2) The surface estate owner to which the mineral estate 26
shall revert by operation of this act is the holder of the surface 27
estate at the time of the reversion. 28
(3) For purposes of this section, oil and gas are deemed to 29
be not in production if: (a) in the case of oil production, the 30
well is not located on the regular governmental quarter-quarter 31
(1/4-1/4) section of surface estate where the severed mineral 32
estate lies; or (b) in the case of gas production, the gas well is 33
not located in the regular governmental one-half (1/2) section in 34
which the mineral interest lies. 35
SECTION 2. This act shall take effect and be in force from 36
and after July 1, 2026. 37