Posted: | December 18, 2014 02:13 PM |
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From: | Senator Gene Yaw |
To: | All Senate members |
Subject: | Abandonment of Mineral Rights |
I plan on introducing legislation, mirrored on statutes in Indiana, Ohio, and Michigan, addressing the abandonment of mineral rights. The legislation would declare the subsurface rights abandoned in favor of the surface owner when any person claiming to own [or unknown owners] have failed to “exercise the subsurface rights” for a period in excess of 20 years. This concept of abandonment of mineral rights has been upheld as constitutional in the highest court in their respective states and by the United States Supreme Court. Landowners across Pennsylvania purchased property believing they owned the surface and the mineral interests underlying their property. Unfortunately, in many cases, the minerals were severed from the surface estate over a century ago without any knowledge by the current landowner or current heirs. Exercising the subsurface rights includes, and are not limited to, any of the following:
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