Any severed minerals which escheat to the state under the provisions of Section 89-11-1 et seq. shall, within six (6) months after the rendition of a final decree declaring the property escheated to the state, be sold at the door of the courthouse in the county, or in the judicial district in counties having more than one (1) such district, wherein the mineral estate is located. Provided, however, that no mineral interest shall be sold if it is still producing income. Notice and advertisement of such sale shall be published each week for three (3) consecutive weeks in a newspaper published in the county, if any, and if no newspaper be published in a county, then in a newspaper having general circulation in the county and in a newspaper having a general circulation within the state, the first such publication to appear at least fifteen (15) days prior to the date fixed in said notice for such sale. Each severed mineral interest shall be sold to the highest and best bidder, except that the owner of the surface estate in which the subject mineral estate was severed may, at such sale, match the highest and best bid and be allowed to purchase said severed mineral estate, upon showing proper proof of ownership of all or part of the surface estate. The sale shall be continued from day to day, except Sundays, between the hours of 8:30 a.m. and 4:30 p.m. until completed.
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