House Co-Sponsorship Memoranda

In the near future, I plan to re-introduce legislation, HB 37 of the 2011-2012 legislative session, which would establish the Title to Mineral Rights Act.

With the current exploration of the Marcellus Shale rock formation for potential natural gas deposits, it is important for surface property owners to have the opportunity to search for natural gas deposits on their property. However, fragmented deeds created over generations have made it difficult for surface owners to know who exactly owns the subsurface rights under their property.

To address this, my legislation would provide surface property owners the ability to claim title to the subsurface mineral rights after a period of 10 years nonuse by the subsurface mineral rights owner. The Title to Mineral Rights Act would permit a surface property owner to file a statement of claim to the subsurface rights with the Office of Recorder of Deeds of the county where the real property is located, as well as provide for a cause of action to settle the title to the mineral rights for the real property.

With the anticipated continuation of drilling within the Marcellus Shale rock formation, I strongly believe it is important to allow surface property owners to have the opportunity to exercise the unused subsurface mineral rights located beneath their property.

Previous Co-Sponsors: Rep. V. Brown, Rep. Daley, Rep. Gibbons, Rep. Swanger, and Rep. Youngblood