Code of Virginia

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Code of Virginia
Title 45.1. Mines and Mining
Chapter 14.7:. Mineral Rights
8/5/2021

§ 45.1-161.311:9. (Repealed effective October 1, 2021) Presumption that no minerals, coals, oils, or ores exist in certain lands.

In any case when a claim to minerals, coals, oils, ores, or subsurface substances, in, on, or under lands in the Commonwealth, it shall be prima facie presumed that no minerals, coals, oils, ores, or subsurface substances existing in, on, or under such lands, except lands lying west of the Blue Ridge Mountains other than in Amherst, Augusta, Bland, Botetourt, Craig, Giles, Nelson, Page, Rockingham, Roanoke, Shenandoah Counties or counties having a population of more than 16,500 but less than 16,900, of more than 32,000 but less than 32,940, of more than 30,000 but less than 31,000, of more than 15,700 but less than 16,000, of more than 60,000 but less than 70,000, of more than 5,000 but less than 5,350, and of more than 26,670 but less than 26,800, of more than 26,300 but less than 27,525, of more than 6,200 but less than 6,750, of 17,500 but less than 18,200, of 56,000 but less than 57,500, of 53,000 but less than 54,500, or in any county having population of more than 21,950 but less than 22,000, or in the case of manganese ores only in counties having a population of more than 21,300 and less than 21,900 or in any county having a population of more than 43,000 but less than 50,000, or the right to enter such land for the purpose of exploring, mining, boring, and sinking shafts for such minerals, coals, oils, ores, or subsurface substances is derived or reserved by any writing made 35 years or more prior to the institution of the action pursuant to § 45.1-161.311:11, and (i) such right to explore or mine has not for a like period been exercised and for a like period the person having such claim or right has never been charged with taxes thereon but all the taxes on the land have been charged to and paid by the person holding the land subject thereto, and for a like period no deed of bargain and sale of such claim or reservation in such mineral rights in the lands embraced in such claim has been recorded in the clerk's office of the county wherein the lands are located, or (ii) when the right to explore and mine has been exercised and the minerals, coals, oils, ores, and subsurface substances in or on the land have been exhausted and the right of mining or boring has been abandoned for a like period.

1924, p. 719; 1930, p. 721; Michie Code 1942, § 6239a; 1944, p. 48; Code 1950, § 55-154; 1956, c. 642; 1964, c. 377; 1968, c. 319; 1970, c. 350; 1972, c. 306; 1973, c. 123; 1974, c. 238; 1977, c. 309; 1980, c. 310; 1981, c. 518; 1984, c. 452; 2019, c. 712.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.