Bill Text: PA HB2308 | 2011-2012 | Regular Session | Introduced


Bill Title: In particular rights and immunities, providing for actions to quiet title involving subsurface rights.

Spectrum: Strong Partisan Bill (Republican 11-1)

Status: (Introduced - Dead) 2012-04-05 - Referred to JUDICIARY [HB2308 Detail]

Download: Pennsylvania-2011-HB2308-Introduced.html

  

 

    

PRINTER'S NO.  3363

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2308

Session of

2012

  

  

INTRODUCED BY EVERETT, CREIGHTON, GEIST, GODSHALL, HARPER, HORNAMAN, F. KELLER, METZGAR, PICKETT, PYLE, SONNEY AND SWANGER, APRIL 5, 2012

  

  

REFERRED TO COMMITTEE ON JUDICIARY, APRIL 5, 2012  

  

  

  

AN ACT

  

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Amending Title 42 (Judiciary and Judicial Procedure) of the

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Pennsylvania Consolidated Statutes, in particular rights and

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immunities, providing for actions to quiet title involving

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subsurface rights.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Title 42 of the Pennsylvania Consolidated

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Statutes is amended by adding a section to read:

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§ 8320.1.  Actions to quiet title involving subsurface rights.

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(a)  Rebuttable presumption.--In an action to quiet title

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involving subsurface rights to real property, failure by any

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person claiming to hold the subsurface rights, other than the

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surface owner of the real property, to exercise the subsurface

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rights for a period in excess of 50 years shall create a

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rebuttable presumption that the subsurface rights have been

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abandoned by such person in favor of the surface owner.

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(b)  Definition.--As used in this section, "subsurface

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rights" means mineral, oil or gas rights, or any combination of

 


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those rights.

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Section 2.  This act shall take effect in 60 days.

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