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SB2353 • 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.

Land
Did Not Pass

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

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

Plain English Breakdown

The official source material does not provide specific details about how this law would affect existing contracts or agreements.

Mineral Rights Return to Surface Owners

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

What This Bill Does

  • Makes mineral estates revert back to the surface estate owner after a period of nonproduction.
  • Defines 'nonproduction' as when there is no attempt to drill or produce minerals, and no actual production occurs.
  • Sets a minimum of 180 days before the ten-year period can expire if it is interrupted.

Who It Names or Affects

  • Owners of surface estates who have separated mineral rights.
  • Mineral rights owners whose properties are not being actively used or produced from.

Terms To Know

Nonproduction
A period when there is no attempt to drill for or produce minerals, and no actual production of minerals occurs.
Surface Estate Owner
The person who owns the land above ground where a mineral estate may be located.

Limits and Unknowns

  • This bill did not pass in its session.
  • It only applies to mineral estates separated from surface estates after January 1, 2025.
  • Details about how this law would affect existing contracts or agreements are unclear.

Bill History

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

    02/03 (S) Died In Committee

  2. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (S) Referred To Judiciary, Division A

Official Summary Text

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

Current Bill Text

Read the full stored bill text 
S. B. No. 2353 *SS08/R69* ~ OFFICIAL ~ G1/2
26/SS08/R69
PAGE 1 (ens\kr)

To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Johnson

SENATE BILL NO. 2353

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, 2025, 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
S. B. No. 2353 *SS08/R69* ~ OFFICIAL ~
26/SS08/R69
PAGE 2 (ens\kr)
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