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04/24/2024 01:18 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20150&cosponId=16748
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House of Representatives
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: January 16, 2015 11:29 AM
From: Representative Sandra Major
To: All House members
Subject: PRODA Legislation
 
In the near future, I plan to re-introduce legislation that would amend the law relating to the recording and indexing documents presented to recorders of deeds for filing.

In recent years there has been a marked increase in lease assignments submitted for recording due to an increase in oil and gas-related activities. Currently, as a result of a recent Commonwealth Court case, a recorder of deeds may not refuse to record multiple lease assignments even though such assignments are not in a format that allows for proper indexing by the recorder since only the assignor and assignee are considered parties for purposes of indexing. Thus, the property owner’s (the lessor’s) name is not indexed as the property owner is neither the assignee nor assignor in the assignment.

This legislation is intended to address the recording of blanket oil and gas lease assignments by providing standards for the recording of these documents. This bill will be identical to prior-session HB 942, as it passed the House. HB 942 was amended on the House floor to address the concerns of stakeholder groups, and I plan to re-introduce that negotiated version. My legislation will:
  • Allow a recorder of deeds (at his own discretion) to refuse documents that assign more than 50 oil or gas leases.
  • Require that the lessor’s name be indexed (in addition to the parties to the document), so that property owners can more easily track who owns their mineral rights.
  • Allow counties that have not adopted a uniform parcel identifier to charge a fee of $6 for each lease that must be indexed (UPI counties may already charge a similar fee).
  • Not affect documents other than oil or gas lease assignments.
SJM/ts






Introduced as HB621