SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2011 SESSION

  • | print version

HB 1988 Property conveyances; broadens statutory for ownership of space opened underground by coal removal.

Introduced by: Terry G. Kilgore | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Property conveyances; mineral mining; ownership of underground void.  Provides that, unless expressly excepted by the instrument creating an interest in a coal mineral estate, the owner or the lessee of coal retains the right to any coal remaining in place after the removal of surrounding coal, as well as the shell, container chamber, passage, space and void opened underground that was created by the removal of the coal. Such void opened underground may be used by the owner or lessee for any purpose in the furtherance of removal of coal. The bill will not affect contractual obligations entered into prior to July 1, 2011, or any determination of ownership rights in natural gas or coalbed methane.

SUMMARY AS INTRODUCED:

Property conveyances; mineral mining; ownership of underground void.  Broadens the existing statutory provision for ownership of the space opened underground by the removal of minerals and coal. The ownership of the space would, unless expressly reserved by the landowner, run with the mineral estate whether such estate is owned or leased, or created before or after 1981. In the event that the mineral estate terminates, the ownership interest of the mineral owner or mineral lessee in the space shall continue upon payment of an annual rental in the amount of $5 per acre to the current estate owner. The provision has no effect on the determination of ownership rights in coalbed methane.