| |
| PRIOR PRINTER'S NO. 1762 | PRINTER'S NO. 1945 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY YAW, NOVEMBER 10, 2011 |
| |
| |
| SENATOR M. WHITE, ENVIRONMENTAL RESOURCES AND ENERGY, AS AMENDED, FEBRUARY 7, 2012 |
| |
| |
| |
| AN ACT |
| |
1 | Amending Title 42 (Judiciary and Judicial Procedure) of the |
2 | Pennsylvania Consolidated Statutes, in particular rights and |
3 | immunities, providing for actions to quiet title involving |
4 | subsurface rights. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Title 42 of the Pennsylvania Consolidated |
8 | Statutes is amended by adding a section to read: |
9 | § 8320.1. Actions to quiet title involving subsurface rights. |
10 | (a) Rebuttable presumption.--In an action to quiet title |
11 | involving subsurface rights to real property, failure by any |
12 | person claiming to hold the subsurface rights, other than the |
13 | surface owner of the real property, to exercise the subsurface |
14 | rights for a period in excess of 50 years shall create a |
15 | rebuttable presumption that the subsurface rights have been |
16 | abandoned by such person in favor of the surface owner. |
17 | (b) Definition.--As used in this section, "subsurface | <-- |
18 | rights" means mineral, oil or gas rights, or any combination of |
19 | those rights. |
|
1 | (b) Nonapplicability.--The rebuttable presumption | <-- |
2 | established in this section shall not apply to fee interests, |
3 | including, without limitation, deeds and long-term leases for |
4 | coal and other minerals and oil and gas, including all |
5 | appurtenant rights, which have been reserved or acquired by a |
6 | duly recorded conveyance. |
7 | (c) Definitions.--The following words and phrases when used |
8 | in this section shall have the meanings given to them in this |
9 | subsection unless the context clearly indicates otherwise: |
10 | "Exercise of subsurface rights." The term includes, but is |
11 | not limited to, any of the following: |
12 | (1) The production of any oil and gas and the production |
13 | of coal or other minerals under subsurface rights. |
14 | (2) Operations being conducted under subsurface rights |
15 | for injection, withdrawal, storage or disposal of water, oil, |
16 | gas or other fluid substances. |
17 | (3) A mortgage, assignment, conveyance or order or |
18 | agreement to pool or unitize subsurface rights recorded in |
19 | the recorder's office in the county in which the right or |
20 | interest is located. |
21 | (4) Payment of taxes or fees on subsurface rights by the |
22 | owner or owner's agent. |
23 | (5) A valid permit of any government agency pertaining |
24 | to the use of subsurface rights has been issued. |
25 | (6) A statement describing subsurface rights and |
26 | claiming ownership of the right and the intention to preserve |
27 | subsurface rights is filed with the court and recorded in the |
28 | county where the subsurface rights are located prior to entry |
29 | of a final judgment. |
30 | (7) Use of the surface, the strata between the surface |
|
1 | and the situs of the mineral and the strata where the mineral |
2 | is situated for, without limitation, exploration, evaluation, |
3 | surveying, digging, extraction, production, draining, |
4 | ventilation, cleaning, storing, blending and transportation |
5 | for and of the mineral. |
6 | "Subsurface rights." Mineral, oil or gas rights or |
7 | interests, or any combination of those rights or interests. |
8 | Section 2. This act shall take effect in 60 days. |
|