THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY YAW AND SCHWANK, NOVEMBER 10, 2011

AMENDED ON THIRD CONSIDERATION, MARCH 5, 2012   

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in particular rights and

immunities, providing for actions to quiet title involving

subsurface rights.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 8320.1.  Actions to quiet title involving subsurface rights.

(a)  Rebuttable presumption.--In an action to quiet title

involving subsurface rights to real property, failure by any

person claiming to hold the subsurface rights, other than the

surface owner of the real property, to exercise the subsurface

rights for a period in excess of 50 years shall create a

rebuttable presumption that the subsurface rights have been

abandoned by such person in favor of the surface owner.

(b)  Nonapplicability.--The rebuttable presumption

established in this section shall not apply to fee interests,

including, without limitation, deeds and long-term leases for

coal and other minerals and oil and gas, including all

appurtenant rights, which have been reserved or acquired by a

duly recorded conveyance.

(c)  Definitions.--The following words and phrases when used

in this section shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Exercise of subsurface rights."  The term includes, but is

not limited to, any of the following:

(1)  The production of any oil and gas coal or other

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minerals and the production of coal or other minerals any oil

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and gas under subsurface rights.

(2)  Operations being conducted under subsurface rights

for injection, withdrawal, storage or disposal of water, oil,

gas or other fluid substances.

(3)  A mortgage, assignment, conveyance or order or

agreement to pool or unitize subsurface rights recorded in

the recorder's office in the county in which the right or

interest is located.

(4)  Payment of taxes or fees on subsurface rights by the

owner or owner's agent.

(5)  A valid permit of any government agency pertaining

to the use of subsurface rights has been issued.

(6)  A statement describing subsurface rights and

claiming ownership of the right and the intention to preserve

subsurface rights is filed with the court and recorded in the

county where the subsurface rights are located prior to entry

of a final judgment.

(7)  Use of the surface, the strata between the surface

and the situs of the mineral and the strata where the mineral

is situated for, without limitation, exploration, evaluation,

surveying, digging, extraction, production, draining,

ventilation, cleaning, storing, blending and transportation

for and of the mineral.

"Subsurface rights."  Mineral Coal or other mineral, oil or

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gas rights or interests, or any combination of those rights or

interests.

Section 2.  This act shall take effect in 60 days.