PRINTER'S NO. 143
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY YAW, ERICKSON, VULAKOVICH AND VOGEL, JANUARY 17, 2013
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 17, 2013
1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in particular rights and
3immunities, providing for actions to quiet title involving
9§ 8320.1. Actions to quiet title involving subsurface rights.
10(a) Rebuttable presumption.--In an action to quiet title
11involving subsurface rights to real property, failure by any
12person claiming to hold the subsurface rights, other than the
13surface owner of the real property, to exercise the subsurface
14rights for a period in excess of 50 years shall create a
15rebuttable presumption that the subsurface rights have been
16abandoned by such person in favor of the surface owner.
22(6) A statement describing subsurface rights and
23claiming ownership of the right and the intention to preserve
24subsurface rights is filed with the court and recorded in the
25county where the subsurface rights are located prior to entry
26of a final judgment.
27(7) Use of the surface, the strata between the surface
28and the situs of the mineral and the strata where the mineral
29is situated for, without limitation, exploration, evaluation,
30surveying, digging, extraction, production, draining,
6Section 2. This act shall take effect in 60 days.