HB 37 Abandonment of Mineral Rights - Property - The HuntingPA.com Outdoor Community
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post #1 of 16 (permalink) Old 01-20-2011, 11:38 AM Thread Starter
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HB 37 Abandonment of Mineral Rights - Property

<a href="http://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2011&sind=0&body=H&type=B&bn=37 " target="_blank">An Act providing for abandonment of mineral rights in real property, for the recording by surface owners of title to mineral rights in their real property after ten years of nonuse by the subsurface owner; and establishing a right of action to settle title to mineral rights.

</a>

Text Link to bill:

http://www.legis.state.pa.us/cfdocs/legi...br=0037&pn=0013

Is your position a short term gain - or a long term loss? Separate the issues.
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post #2 of 16 (permalink) Old 01-23-2011, 03:50 PM
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Re: HB 37 Abandonment of Mineral Rights - Property

so a person or company that owns property and/or subsurface mineral rights must file every 3-10 years that they still want the "rights" or someone (the State) can claim the "rights" for their own (financial gain)?
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post #3 of 16 (permalink) Old 01-23-2011, 03:51 PM Thread Starter
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Re: HB 37 Abandonment of Mineral Rights - Property

The surface owner would get the rights.

Is your position a short term gain - or a long term loss? Separate the issues.
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post #4 of 16 (permalink) Old 01-24-2011, 01:45 AM
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Re: HB 37 Abandonment of Mineral Rights - Property

thats how the GC can get the missing GL mineral rights.

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post #5 of 16 (permalink) Old 01-24-2011, 01:55 AM Thread Starter
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Re: HB 37 Abandonment of Mineral Rights - Property

Yes, but this will help or affect far more than the GC.

The issue is, some of the mineral rights were sold years ago. Then resold, traded, and so on and so forth. People has rights that are hard to trace, no record of, and just plain no one has any idea. Add partnerships that have dissolved over the years, companies going out of business for any number of reasons, and yo have a real mess.

Wasn't important who owned what or thought so and so owned it, but now, a big issue.

This will affect everyone across the board. Camp owners with one acre to large timber and coal operators, and yes, the GC, BFC, and DCNR.

All one has to do if they have the rights is make record of the ownership at the county seat.

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post #6 of 16 (permalink) Old 01-24-2011, 02:06 AM
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Re: HB 37 Abandonment of Mineral Rights - Property

who will make the mineral owners aware of this new law and dead line ? what happens when the DCNR and GC gets the rights to their lands and wells start popping up all over, and the original owners are wondering what happened ?

will it end up in law suits ?

this whole thing is designed to screw people so every state agency can get more wells up.

most land is sold to the GC at a low price and doesnt include mineral rights. are we trying to shoot ourselves in the other foot ?

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post #7 of 16 (permalink) Old 01-24-2011, 02:23 AM
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Re: HB 37 Abandonment of Mineral Rights - Property

All of this stuff is a bit late. The desired properties are already leased and all that is left are the scraps. Sign on bonuses have fallen sharply. Gas companies have heavy debt and are trying to consolidate holdings rather than add new so drilling can be done profitably. Many of the wells being drilled are simply to hold leases. It is said that up to 50% of wells are money losers for the gas companies at current gas prices.
I fear the PGC will not be seeing the $$$ some thought a few years ago they might get. So, no license increase, not the gas windfall they were hoping for, how will the PGC be funded?

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post #8 of 16 (permalink) Old 01-24-2011, 02:42 AM Thread Starter
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Re: HB 37 Abandonment of Mineral Rights - Property

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Originally Posted by hunter4095
who will make the mineral owners aware of this new law and dead line ? what happens when the DCNR and GC gets the rights to their lands and wells start popping up all over, and the original owners are wondering what happened ?

will it end up in law suits ?

this whole thing is designed to screw people so every state agency can get more wells up.

most land is sold to the GC at a low price and doesn't include mineral rights. are we trying to shoot ourselves in the other foot ?

Errr, I am under no illusion that some will miss the notices if this ever see's the light of day. There are always people that just don't get the word.

One thing bothers me in your post though. You are making an assumption that this is designed for the state agencies. No doubt they might gain some rights with it. But the law is for many other average everyday folks that want to or tried to lease land only to find a lack of mineral rights. Then, exhausting the records at the courthouse, they still could not determine who owned what. All they knew was, they could not ultimately determine who owned what.

People having rights sold them, traded them, even paid debts with them. The recipient's may or may not have recorded them. They might have also transferred the rights to others as above.

The fact still remains, the mineral rights are not joined with the surface rights and no one can figure out who has them.

Stalemate.

If this passes, given the appropriate amount of time, you will see someone post that he got mineral rights for his deer camp. Almost a given.

Bottom line, this bill goes so far beyond state agencies. If this bill eventually passes, a lot of people are going to be scrambling to keep abreast of the new records at the court house. This bill will affect many many ordinary everyday landowners across the state within, and without the current gas drilling areas.

Is your position a short term gain - or a long term loss? Separate the issues.
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post #9 of 16 (permalink) Old 01-24-2011, 01:45 PM
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Re: HB 37 Abandonment of Mineral Rights - Property

How am i supposed to know if my Great-great-great grandfather still has the mineral rights to property he sold in 1870? If the gas companies want the rights they will find out who the owner is. This just seems like the legiscritters are looking for more possible income on DCNR land or some fat cat politician friend has a bunch of land and no mineral rights and is looking/hoping the owner of the MR "gives it up" by forgetting or missing the deadlines.
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post #10 of 16 (permalink) Old 01-24-2011, 01:59 PM Thread Starter
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Re: HB 37 Abandonment of Mineral Rights - Property

More like they are making the owners or potential owners of mineral rights do the work to prove ownership. Right now, it is reversed. Gas companies, attorneys representing land owners of every stripe are doing the work. That cost money, and the owner of the mineral rights just gets informed with an offer to sell, sign a lease, or some other reason.

This is a personal responsibility issue. If someone has mineral rights, or think that great grandpa, gramps, and uncle had rights that transferred with a will, estate, or just a rumor in the family - check it out. You could have mineral rights.

Why should someone else have to do the work for a mineral right owner? ultimately, they will reap the bennie's that research? I see that as a general lack of responsibility - or welfare...

If there is a family history of having mineral rights, property changing hands in the past, I would be spending some time in the court house. title searches are easy, and can actually be fun. A ton of history in those documents!

If you find something, think you found something, then get legal advice.

Ultimately, a land owner or mineral right owner has the responsibility to know what is owned - or not. Failure to file the records at the court house should have a negative result. That is a basic civil responsibility.

In answer to a prior question, the law, if passed will be made very public. Newspapers, TV, radio, and I am sure in many places on the internet. Still doesn't mean some will take action to preserve or establish ownership.

Yet another personal responsibility item that only they can take care of.

Is your position a short term gain - or a long term loss? Separate the issues.
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