Bill Text: MS HB413 | 2011 | Regular Session | Introduced
Bill Title: Title to mineral estate; allow to revert to surface estate owner after a ten-year period.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2011-02-01 - Died In Committee [HB413 Detail]
Download: Mississippi-2011-HB413-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Oil, Gas and Other Minerals
By: Representatives Arinder, Malone
House Bill 413
AN ACT TO PROVIDE THAT THE TITLE TO ANY MINERAL ESTATE SHALL REVERT TO THE STATE OF MISSISSIPPI AT THE END OF A TEN-YEAR PERIOD; TO PROVIDE THAT THE OWNER OF THE SURFACE RIGHTS TO THE LAND MAY REDEEM THE MINERAL ESTATE; TO PROVIDE THE PROCEDURE FOR NOTICE AND REDEMPTION OF THE MINERAL ESTATE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) From and after July 1, 2011, the title to, and interest in, any mineral estate shall revert to the owner or owners of the surface estate after a ten-year period of ownership of the surface by the owner or owners of the surface estate. The ten-year period of ownership of the surface estate may run continuously or be interrupted. If the ten-year period is interrupted and starts to run again with less than one hundred eighty (180) days remaining in the period, the period shall not expire less than one hundred eighty (180) days after the date on which the period starts to run again.
(2) In order to effectuate the redemption provided for in subsection (1) of this section, the owner or owners of the surface estate each shall file a statement of claim with the chancery clerk of the county or counties in which the land within which the mineral estate is located after the ten-year period has elapsed and the title to the mineral estate has reverted to the State of Mississippi. The owner or owners of the surface estate shall notify the owner or owners of the mineral estate by personal service, if they can be found upon reasonable search and inquiry, that the mineral estate is subject to redemption by the surface owner or owners. If the owner or owners of the mineral estate cannot be found upon reasonable search and inquiry, the owner or owners of the surface estate shall give notice by publication for three (3) consecutive weeks in a newspaper having general circulation in the county or counties in which the land within which the mineral estate is located, and, if the address of the owner or owners of the mineral estate is shown of record or can be determined upon reasonable inquiry, by mailing a copy of such notice to the owner or owners of the mineral estate not later than ten (10) days after the first publication. The notice shall state the name of the owner or owners of the mineral estate as shown of record, if known, a description of the land and the name of the person or persons giving such notice. If a copy of such notice, together with an affidavit of service thereof, is promptly filed with the chancery clerk of the county or counties in which the land within which the mineral estate is located, the record thereof shall be prima facie evidence in any legal proceeding that such notice was given.
(2) If within thirty (30) days after personal service or the last publication of notice and the owner or owners of the surface estate have held title to such estate for a period of ten (10) years, the mineral estate may be redeemed by the owner or owners of the surface estate, and the chancery clerk shall record the statement of claim and the redemption of the mineral estate and shall indicate the redemption of the mineral estate by marginal notation on the instrument creating the original mineral estate.
(3) The surface estate owner or owners to which the mineral estate shall revert by operation of this act is the holder of the surface estate at the time of the reversion.
SECTION 2. This act shall take effect and be in force from and after July 1, 2011.
