Bickel v. Fairchild

In Bickel v. Fairchild (1978) 83 Mich.App. 467 268 N.W.2d 881, Michigan's Dormant Mineral Act provided for the absolute and automatic termination of the lessee's interest under an oil and gas lease if the lessee failed to take certain specified affirmative steps relating to the land during any 20-year period. In holding the statute unconstitutional the court applied the four-factor test of Blaisdell. It focused on the fact that the "statute would deprive known property owners of their sub-surface rights without notice, hearing or compensation . . . . The relief granted could reasonably have required some notice to known interest owners. The relief was not temporary or for a limited time . . . . para. Without any grave emergency situation requiring such drastic action, the statute would take property obtained by contract from the leasehold owner and give it to others." (Id., at p. 883.)