mineral rights and avulsion question?

hi, my dad lives on red river just north of the dowtown airport. he lives at 1434 wells island rd. he is in township 18N and range 13W. part of lots 25,26,27 in wells island plantion and lots 25,26,27 in northside addition all lots being along red river on wells island rd. during the flood of 1990 or around that date the river overflowed its banks and washed away approximately 25 acres. this was due to avulsion because it was sudden. my dad is a riparian owner. law says when an avulsion occurs the boundry stays the same. the property washed away because the core of engineers failed to maintain the bank by letting the piling rot and not replace it. after the flood the core of engineers came in and rocked the bank to stabalize it. my family signed a release to allow the core to work on there property. on this release or permission from the core states that the mineral rights remain with the property owner. the problem we are having is that they took my dad off the tax role for the surface rights so it looks like he does not own anything. the oil and gas companys have tried to lease the land and said they can’t lease it untill the state gives us some kind of paper work that states we retain the mineral rights under the water that is on his deed. we need to know who to contact in order to get declaration from the state that we own the mineral rights. we have all kinds of proof that the land was lost to avulsion and in case after case in federal court, the courts have given said that the mineral rights remain with the land owner. we don’t want to go to court just want our mineral rights. what should we do. according to the laws that i have read, it seems that our family never accutually lost the mineral rights because of avulsion, just lost the surface rights. so how do we get something official stating this. thank you, ricky

One Response to “mineral rights and avulsion question?”

  1. AndyF Says:

    I think the first step is to meet with the tax office and get an official explanation (in writing) of why the change was made. If you can produce sufficient evidence to show them they made a mistake they may accept that and change it back.
    If that does not work take all the paperwork to an attorney that is knowledgeable with your type of case.
    Only the attorney will know all the intricacies of the laws as they apply to your case. In legal matters even a simple procedural error on your part can be serious so let the attorney handle it.
    Best of luck :)