Wheelock v. Heath

In Wheelock v. Heath (1978) 201 Neb. 835 272 N.W.2d 768, the Nebraska Supreme Court held that legislation which declared that mineral rights were abandoned unless the mineral interest owner had exercised ownership rights was unconstitutional. The Court stated: "In the case before us, the statute deprives known property owners of their subsurface rights without notice, hearing, or compensation. The statute was passed in 1967 . . . . para. A limited 2 years statute of limitations was provided . . . . In all actions filed after October 23, 1969, if no affirmative action had been taken within 23 years, the severed interest is to be considered abandoned. The owner does not have any remedy." (Id., at pp. 773-774.)