Chap. 294.—An ACT to amend and re-enact chapter 472 of the acts of assembly
of 1924, entitled “An act to provide that in certain cases it shall be prima
facie presumed that no minerals, oils, or ores exist in or on certain lands
situated in the non-mountainous regions of this Commonwealth, having an
elevation not in excess of six hundred feet above sea level, and for the
extinguishment in certain cases of the claim to undiscovered or exhausted
minerals, coals, oils, or ores in such land.” [S B 318]

Approved March 24, 1930

1. Be it enacted by the general assembly of Virginia, That chapter
four hundred and seventy-two of the acts of assembly of nineteen hun-
dred and twenty-four be amended and re-enacted so as to read as
follows:

Chapter 472. In any case where a claim to minerals, coals, oils,
ores, or sub-surface substances, in, on or under lands in this Common-
wealth except lands lying west of the Blue Ridge mountains, or the
right to enter such land for the purpose of exploring, mining, boring
and sinking shafts for such minerals, coals, oils, ores, or sub-surface
substances is derived or reserved by any writing made fifty years or
more prior to the institution of the suit hereinafter mentioned, and
(a) said right to explore or mine has not for a like period been exer-
cised, and for a like period the person or persons having such claim
or right have never been charged with taxes thereon but all the taxes
on the land have been charged to and paid by the person or persons
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 said lands are located; or (b) when the right to
explore and mine has been exercised and the minerals, coals, oils, ores
and sub-surface substances in or on the land have been exhausted and
the right of mining or boring has been abandoned for a like period; in
such cases, it shall be prima facie presumed that no minerals, coals,
oils, ores, or sub-surface substances exist in, on or under such land,
and it shall be lawful for the owner or owners of the land subject to
such a claim or right separately or jointly to bring a suit in equity in
the circuit court of the county wherein the land, or a part thereof, is
situated praying for the extinguishment of such claim or right, to
which suit shall be made parties defendant the person by whom such
claim by said writing, was derived or reserved, or his successors in
title, by name so far as known, and as defendants unknown, so far as
such successors in title are unknown. The court shall allow a period
of not less than six months from the time the cause is docketed and
set for hearing to elapse within which time the defendant or defendants
may explore and discover commercial minerals, coals, oils, ores, or
sub-surface substances, if any, and in the absence of satisfactory evi-
dence to the contrary, it shall be presumed that there are no commer-
cial minerals, coals, oils, ores, or sub-surface substances in or on the
land, and the court shall.enter a decree declaring the claim or right
to be a cloud on the title and releasing the land therefrom the ex-
tinguishing the same; but if the defendant or defendants shall there-
upon prove that there are commercial minerals, coals, oils, ores, or
sub-surface substances in or on the land, the court shall require said
minerals, coals, oils, ores, or sub-surface substances to be charged with
taxes according to law.