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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY YAW, NOVEMBER 10, 2011 |
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| REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, NOVEMBER 10, 2011 |
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| AN ACT |
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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. |
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1 | Section 2. This act shall take effect in 60 days. |
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