CHAPTER 319

An Act to amend and reenact § 55-154, as amended, of the Code of
Virginia, relating to the presumption that no minerals, coals, oils or
ores exist in certain lands.

[H 940]

Approved April 2, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 55-154, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 55-154. 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, except
lands lying west of the Blue Ridge Mountains other than in counties hav-
ing a population of more than sixteen thousand five hundred but less than
sixteen thousand nine hundred, of more than thirty-two thousand but less
than thirty-two thousand nine hundred forty, of more than thirty thou-
sand but less than thirty-one thousand, of more than fifteen thousand
seven hundred but less than sixteen thousand, of more than sixty thou-
sand but less than seventy thousand, of more than five thousand but less
than five thousand three hundred fifty, and of more than twenty-six thou-
sand six hundred and seventy but less than twenty-six thousand eight
hundred, of more than twenty-six thousand three hundred but less than
twenty-seven thousand five hundred twenty-five or in the case of man-
ganese ores only in counties having a population of more than twenty-one
thousand three hundred and less than twenty-one thousand nine hundred
or in any county having a population of more than forty-three thousand
but less than fifty thousand, 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 thirty-five years or more prior to the institution of the suit herein-
after mentioned, and

(a) 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

(b) 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;

It shall be prima facie presumed that no minerals, coals, oils, ores
or subsurface substances exist in, on or under such land.