1Providing for abandonment of mineral rights in real property and
2for the recording by surface owners of title to mineral
3rights in their real property after ten years of nonuse by
4the subsurface owner; and establishing a right of action to
5settle title to mineral rights.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Short title.

9This act shall be known and may be cited as the Title to
10Mineral Rights Act.

11Section 2. Definitions.

12The following words and phrases when used in this act shall
13have the meanings given to them in this section unless the
14context clearly indicates otherwise:

15"Mineral." Any valuable inert or lifeless substance formed
16or deposited in its present position exclusively through natural
17forces and which is found either in or beneath the soil of the
18earth or in the rocks beneath the soil. The term includes oil
19and gas. The term does not include coal of any rank or methane

1gas that is contained within or produced from underground coal
2beds or mined-out areas of underground coal mines.

3"Mineral rights." The right of a person to take minerals or
4receive a royalty from the removal of minerals from real
5property, regardless of whether the person is the surface owner.
6The term does not include such rights with respect to coal of
7any rank or methane gas that is contained within or produced
8from underground coal beds or mined-out areas of underground
9coal mines.

10"Nonuse." With respect to minerals in real property, the
11absence of all of the following:

12(1) The issuance of a permit to drill a well for
13minerals in the real property issued by the Department of
14Environmental Protection as to mineral rights for the real
15property.

16(2) The actual production or withdrawal of minerals from
17the real property.

18(3) The underground storage of minerals in the real
19property.

20"Subsurface owner." A person who owns or claims to own the
21rights to extract minerals from beneath the surface of real
22property owned by another person.

23"Surface owner." A person who owns the rights to real
24property above the surface.

25Section 3. Abandonment of mineral rights.

26(a) General rule.--Mineral rights in real property shall be
27deemed abandoned after a period of ten years of nonuse of the
28mineral rights by a subsurface owner, unless the subsurface
29owner shall, within three years of the effective date of this
30section or ten years from the nonuse, whichever is later, record

1a claim of interest that complies with subsection (b).

2(b) Claim of interest.--A claim of interest must be filed in
3the office of recorder of deeds in the county where the real
4property is situate. The claim of interest shall be verified and
5contain the following:

6(1) A description of the land and the nature of the
7mineral rights claimed.

8(2) The name and address of the subsurface owner.

9(3) A statement that by recording the claim, the
10subsurface owner seeks to preserve the mineral rights and not
11to abandon the mineral rights in the real property.

12(c) Underground storage of minerals.--A subsurface owner who
13uses real property for underground storage of minerals in an
14underground storage pool or field may preserve the mineral
15rights by recording a single claim of interest that defines the
16boundaries of and the formations included in the underground
17storage field or pool within which the mineral rights are
18located, without describing each separate mineral interest
19claimed in the underground storage field or pool by the
20subsurface owner.

21(d) Effect of recorded claim of interest.--

22(1) A claim of interest recorded in compliance with this
23section shall operate as a matter of law to preserve the
24mineral rights included in the claim of interest from
25abandonment under this act for a period of ten years after
26the date of recording.

27(2) After the ten-year period in paragraph (1) expires,
28the mineral interests shall be deemed abandoned if, during
29the ten-year period, there has been nonuse or no sales
30agreement, lease, mortgage or transfer of the mineral rights

1has been recorded in the office of recorder of deeds in the
2county where the real property is situate.

3(3) In the absence of prior abandonment, mineral rights
4of a subsurface owner may be preserved indefinitely from
5abandonment under this act by filing claims of interest as
6provided in this act or other acts evidencing use of the
7mineral rights within each ten-year period.

8Section 4. Right of surface owner to record claim.

9(a) Surface owners.--

10(1) A surface owner who acquires or claims to have
11acquired title to any mineral rights in real property by a
12period of ten years of nonuse of the mineral rights by a
13subsurface owner may file, in the office of recorder of deeds
14of the county where the real property is situate, a written
15statement of the surface owner's claim.

16(2) Paragraph (1) shall not apply to mineral rights in
17real property for which a claim of interest has been recorded
18in compliance with section 3.

19(b) Form of written statement.--The written statement
20authorized to be recorded under subsection (a) shall be sworn to
21and substantially in the following form:

22I, (the name of the party claimant) of      , in the
23county of        and State of               , do hereby
24affirm and declare that I have acquired title in fee to
25mineral rights, by a period of ten years of nonuse by a
26subsurface owner of the mineral rights, to the following
27described land, situate in     , in the county of       , and
28State of Pennsylvania, viz: (Here insert a full and complete
29description of the land claimed, by metes and bounds, or
30other sufficient designation). Use of the mineral rights on

1the land by a subsurface owner commenced on or about the    
2day of          ,     , and continued until a period of
3nonuse commenced about the      day of         ,     , (or,
4where the possession of the mineral rights is tacked on to
5that of others who have preceded the existing subsurface
6owner, it should be stated as follows: Use of the mineral
7rights was made upon the lands by           on or about the
8     day of           ,     , who continued until about the
9     day of           ,     , and was succeeded therein by
10         , who continued until about the      day of
11         ,     , and was succeeded therein by the existing
12subsurface owner, who continued until a period of nonuse of
13the mineral rights commenced about the      day of          ,
14    ). At the time the use of the mineral rights commenced
15(naming some person or persons in the line of the existing
16paper or legal title, as nearly as may be the real subsurface
17owner of the lands at the time of the use),                 
18was the subsurface owner or reputed subsurface owner of the
19mineral rights to the land, and I claim adversely to the
20subsurface owner (or them). Witness my hand, this      day of
21      ,     .

22(Signed)                     

23Section 5. Filing of statement of claim.

24After a statement of claim under section 4 is filed in the
25recorder's office of the proper county, the recorder of deeds
26shall record and index the statement of claim as though it were
27a deed or conveyance from the person named therein as the
28subsurface owner or reputed subsurface owner at the time of the
29ten-year period of nonuse ceases, as grantor, to the claimant or
30claimants, as grantees; and when so entered for record and

1indexed it shall be constructive notice of the claim.

2Section 6. Action to settle title to mineral rights.

3(a) Right of action.--A person who files a statement of
4claim under section 4 may bring an action to settle title to the
5mineral rights for the real property identified in the statement
6of claim.

7(b) Venue.--The action may be brought only in the county in
8which the real property is located.

9(c) Commencement of action.--The action must be commenced by
10filing with the prothonotary:

11(1) a complaint describing the real property; or

12(2) an agreement for an amicable action.

13(d) Public notice.--

14(1) After an action has been commenced under subsection
15(c), the court shall order the claimant to publish notice of
16the action in a newspaper of general circulation in the
17county twice in a period of 60 days.

18(2) The claimant shall certify to the court that the
19publication under paragraph (1) has occurred prior to a
20hearing or trial in the action.

21(e) Form of judgment or order.--

22(1) The court shall grant appropriate relief:

23(i) on affidavit that a complaint containing a
24notice to defend has been served and that the defendant
25has not filed an answer; or

26(ii) after a hearing or trial on the pleadings or
27merits.

28(2) After granting relief to the plaintiff, the court:

29(i) shall order that the defendant be forever barred
30from asserting any right, lien, title or interest in the

1mineral rights of the real property inconsistent with the
2interest or claim of the plaintiff specified in the
3complaint, unless the defendant takes such action as the
4order directs within 30 days after issuance of the order.
5If the action is not taken within the 30-day period, the
6prothonotary on praecipe of the plaintiff shall enter
7final judgment; and

8(ii) shall enter any other order necessary for the
9granting of proper relief.

10(f) Trial without jury.--There shall be no right to a trial
11by jury for an action brought under this section.

12Section 7. Effect of statement of claim.

13Unless a statement of claim is made and recorded under this
14act and a judgment or order is issued in favor of the surface
15owner as provided under section 6, no title to mineral rights in
16real property by a ten-year period of nonuse by a subsurface
17owner shall avail against any purchaser, mortgagee or judgment
18creditor for value, without notice, his heirs and assigns,
19except the claimant who is in possession of the real property at
20the time of the purchase.

21Section 8. Construction.

22Nothing in this act shall be construed to give any title to
23any mineral rights or real property by a claim of title adverse
24to that of the Commonwealth, and no claim of title adverse to
25the Commonwealth shall be made or recorded under the provisions
26of this act.

27Section 9. Effective date.

28This act shall take effect in 60 days.