(a)(1) An owner of a mineral interest may record, at any time, a notice of intent to preserve the mineral interest or a part of a mineral interest.
(2) A mineral interest is preserved in the county in which the notice is recorded.
Recording
(b)(1) The following individuals may record a notice in accordance with subsection (a) of this section:
(i) An owner of the mineral interest;
(ii) Another person legally authorized to act on behalf of the owner; or
(iii) A co-owner, for the benefit of any or all co-owners.
(2) A notice recorded under subsection (a) of this section shall contain:
(i) 1. The name of the owner, or co-owners, of the mineral interest; or
2. If the identity of the owner cannot be determined, information that states that the owner cannot be determined; and
(ii) An identification of the mineral interest or part of the mineral interest to be preserved, in accordance with subsection (c) of this section.
Identification of mineral interest
(c) A mineral interest shall be identified by:
(1) A reference to the location in the records of the instrument that creates, reserves, or otherwise evidences the interest;
(2) The judgment or decree that confirms the mineral interest;
(3) A legal description of the mineral interest, if accompanied by a reference to the name of the record owner under whom the owner of the mineral interest claims; or
(4) A general reference to any or all mineral interests of the owner in any real property situated in the county, if:
(i) A previously recorded instrument created, reserved, or otherwise evidenced the mineral interest; or
(ii) A judgment or decree confirms the mineral interest.
Credits
Added by Acts 2010, c. 268, § 1, eff. Oct. 1, 2010; Acts 2010, c. 269, § 1, eff. Oct. 1, 2010. Amended by Acts 2011, c. 65, § 1, eff. April 12, 2011.
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
