The Receiver moved for an order approving the sale of the debtor's mining assets to the applicant.
A third party opposed the sale, arguing its gross overriding royalty (GOR) rights constituted an interest in land that could not be extinguished by a vesting order.
The court applied the Dynex test and found the GORs were merely contractual rights to share in revenues, not an interest in land.
The court granted the vesting order, extinguishing the GORs upon payment of their fair appraised value.
The third party's cross-motion for a storage lien under the Repair and Storage Liens Act was dismissed.
