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Compare Mineral Rights by State

The rules that actually change what you keep — severance tax, whether the state taxes your interest as property, and whether a dormancy statute can take it — side by side across all 28 states we buy in. Every figure links to the issuing agency or the statute.

Quick answer — How do mineral rights rules differ from state to state?

Three differences matter most. Severance tax ranges from nothing at all (Pennsylvania) to a flat 15.10% charged only to royalty owners (Montana). Property tax treatment splits the country — some states assess your interest and bill you directly, while others treat the production tax as being in lieu of property tax so no county bill ever arrives. And dormancy statutes are the ones that can cost you the asset rather than a percentage: Michigan, Indiana, and South Dakota are self-executing, meaning title can vest in the surface owner with no lawsuit and no notice to you, while twelve states have no such statute at all.
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What each row means

Severance tax comes off production before your check is cut. Watch the units — some states tax a percentage of value, others a flat amount per barrel or per MCF, which behaves very differently when prices move.

Property tax is the one owners forget. "Exempt" generally means the production tax is in lieu of it. "Assessed" means a county bill arrives every year, even on a small interest.

Royalty if you don't lease is the statutory floor — the worst case for an owner who never signs a lease and is force-pooled into a well. It is not what a negotiated lease pays. In almost every state, your oil & gas royalty is set by your lease — not by statute. There is no government-set royalty rate for privately negotiated leases. Across the U.S., negotiated oil & gas leases have historically run from 1/8 (12.5%) at the low end to 1/4 (25%) in the most competitive plays, with 3/16 (18.75%) and 1/5 (20%) common in active basins. Your actual rate depends on the play, the operator, the competition for your acreage, and when you signed — not on any state rate.

Dormancy is the only row that can cost you the asset itself. The period matters less than the mechanism — a self-executing statute needs no lawsuit and gives no notice.

Legal description and regulator determine how your tract is identified and where corroborating records live.

All 28 states at a glance

The full reference table. Every state name links to its detailed page, and every statute citation links to the issuing source.

StateRoyalty if you don't leaseSeverance — oilSeverance — gas Property taxDormancyLegal description
Alabama 3/16 (18.75%) ≈8% (6% + 2%) ≈8% (6% + 2%) Exempt NoneNo use-it-or-lose-it statute — the interest does not lapse from inactivity Sections; two meridians
Alaska No forced pooling 5% (landowner royalty) 1.667% (landowner royalty) Exempt Not establishedOur research did not confirm a dormancy statute either way for this state, so we do not state one. Sections; large unsurveyed areas
Arkansas 1/8 (12.5%) 5% (4% ≤10 bbl/d) 5% / 1.5% / 1.25% by class Assessed NoneNo use-it-or-lose-it statute — the interest does not lapse from inactivity Section-township-range
California Set by pooling order None — operator assessment None — operator assessment Assessed 20 yearsCourt action required Sections + Spanish ranchos
Colorado 13% (gas) / 16% (oil) 2–5% graduated 2–5% graduated Assessed NoneNo use-it-or-lose-it statute — the interest does not lapse from inactivity Section-township-range
Florida Set by pooling order 8% (5% small wells) $0.203/MCF Special case ConditionalRuns from the root of title, not from last activity Section-township-range
Illinois 1/8 (12.5%) None (fractured wells only) None (fractured wells only) Assessed ConditionalOnly reaches owners who cannot be found Section-township-range
Indiana Set by pooling order Greater of 1% or $0.24/bbl Greater of 1% or $0.03/Mcf Assessed 20 yearsSelf-executing — no lawsuit, no notice Section-township-range
Kansas 1/8 (12.5%) — compulsory unitization only 8% less 3.67% credit (4.33%) 8% less 3.67% credit (4.33%) Assessed 20 yearsNotice + 60-day cure Section-township-range
Kentucky 1/8 (12.5%) 4.5% 4.5% Assessed NoneNo use-it-or-lose-it statute — the interest does not lapse from inactivity Metes & bounds
Louisiana Cost-bearing share 6.5% (12.5% pre-7/2025 wells) 15.14¢/MCF Exempt 10 yearsSelf-executing — no lawsuit, no notice Parishes; sections + arpent lots
Michigan Set by pooling order 6.6% 5% Exempt 20 yearsSelf-executing — no lawsuit, no notice Section-township-range
Mississippi Cost-bearing share 6% 6% Exempt NoneNo use-it-or-lose-it statute — the interest does not lapse from inactivity Sections; five meridians
Montana 1/8 (12.5%) 15.10% (royalty) 15.10% (royalty) Exempt NoneNo use-it-or-lose-it statute — the interest does not lapse from inactivity Section-township-range
Nebraska 1/8 (12.5%) 3% (2% stripper) 3% Assessed 23 yearsCourt action required Section-township-range
New Mexico 1/8 (12.5%) ≈8.27% all-in (5 taxes) ≈8.97% all-in (5 taxes) Special case NoneNo use-it-or-lose-it statute — the interest does not lapse from inactivity Section-township-range
New York 1/8 (12.5%) — lowest lease in the unit, never less than 1/8 None None Special case Not establishedOur research did not confirm a dormancy statute either way for this state, so we do not state one. Metes & bounds
North Dakota Unit average lease royalty, or 16% (operator's election) 10% (5% gross + 5% extraction) $0.0655/MCF Exempt 20 yearsNotice + 60-day cure Section-township-range
Ohio Set by pooling order 10¢ per barrel 2.5¢ per MCF Assessed 20 yearsNotice + 60-day cure Patchwork; usually metes & bounds
Oklahoma 1/8 (12.5%) 7% (5% first 36 mo) 7% (5% first 36 mo) Exempt NoneNo use-it-or-lose-it statute — the interest does not lapse from inactivity Section-township-range
Pennsylvania No forced pooling None None — per-well impact fee Exempt No owner deadlineUnknown owners go into a court-supervised trust; title is preserved Metes & bounds, by warrantee
South Dakota 1/8 (12.5%) 4.5% 4.5% Assessed 23 yearsSelf-executing — no lawsuit, no notice Section-township-range
Tennessee Set by pooling order 3% 3% Assessed 20 yearsCourt action required Metes & bounds
Texas No forced pooling 4.6% of market value 7.5% of market value Assessed NoneNo use-it-or-lose-it statute — the interest does not lapse from inactivity Survey & abstract
Utah Unit's average weighted landowner royalty 3% / 5% price-tiered 3% / 5% price-tiered Assessed NoneNo use-it-or-lose-it statute — the interest does not lapse from inactivity Section-township-range
Virginia 1/8 (12.5%) — escrowed for CBM ownership disputes only None — local up to 1%+1% None — local up to 1%+1% Assessed ConditionalA 35-year presumption that excludes the gas counties Metes & bounds
West Virginia Highest royalty paid to any consenting cotenant in the same property 5% 5% Assessed NoneNo use-it-or-lose-it statute — the interest does not lapse from inactivity Metes & bounds
Wyoming 16%, or the unit average if higher 6% 6% Assessed NoneNo use-it-or-lose-it statute — the interest does not lapse from inactivity Section-township-range

Own minerals in more than one state?

Many owners do, and the administrative load compounds — different tax bills, different filing duties, different dormancy clocks. Buckhead Energy buys across all 28 of these states and will make a free, no-obligation written offer on one interest or all of them.

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Frequently asked questions

Which state is best for owning mineral rights?

There is no single best state — the rules trade off against each other. Pennsylvania has no severance tax and no county property tax on the interest, but takes the heaviest post-production deductions. Montana charges royalty owners a flat 15.10% with no incentive rates but no separate county bill. Texas assesses producing minerals as property but has no dormancy statute at all. What matters is the combination that applies to your specific interest.

Which states can take my minerals if I do nothing?

Michigan, Indiana, and South Dakota are self-executing — title vests in the surface owner by operation of law with no lawsuit and no individual notice. Louisiana extinguishes a servitude or royalty by prescription after just ten years. North Dakota, Kansas, and Ohio lapse after twenty years but require notice and give a sixty-day cure window. Tennessee, Nebraska, and California require a court action. Twelve of the states we buy in have no dormancy statute at all.

Which states charge the most severance tax on royalties?

Montana is the harshest for royalty owners specifically — a flat 15.10% with every incentive rate reserved for working interests. North Dakota stacks two taxes on oil for 10% combined. New Mexico stacks five separate production taxes for roughly 8.27% on oil and 8.97% on gas. At the other end, Pennsylvania has no severance tax at all, and most Illinois production is untaxed because the state only taxes high-volume fractured wells.

Do all states tax mineral rights as property?

No, and this is one of the biggest differences between them. Texas, Kansas, West Virginia, Colorado, and others assess producing interests and bill royalty owners directly. Oklahoma, North Dakota, Michigan, Montana, and Louisiana treat their production tax as being in lieu of property tax, so no separate county bill arrives. Alabama and Mississippi exempt mineral interests outright — Alabama exempts non-producing interests too.

Is this comparison legal or tax advice?

No. It is a published reference. Every rate and statutory rule shown links to the issuing agency or the statute text, and each state page carries the verification date. Rules change by legislative action and several depend on facts specific to your interest. Consult a qualified oil and gas attorney and a CPA before acting.

This comparison is educational and is not legal, tax, or financial advice. Rates and statutory rules are quoted from the linked issuing agency or statute as of the verification date shown on each state page, and change by legislative action. Several rules turn on facts specific to your interest. Consult a qualified oil & gas attorney and a CPA before acting. Dormancy is shown as "not established" for New York and Alaska because our research did not confirm the position either way — we would rather say so than guess.

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