§ 15-1206. Unknown or missing owners
West's Annotated Code of MarylandEnvironmentEffective: October 1, 2010
Effective: October 1, 2010
MD Code, Environment, § 15-1206
§ 15-1206. Unknown or missing owners
(a) If the title to a severed mineral interest is vested in an unknown or missing owner, the circuit court of the county where the severed mineral interest is located may on petition, and after notice and a hearing:
(b) A petition to create a trust for a severed mineral interest and to appoint a trustee under subsection (a) of this section may be filed by a person vested in fee simple with the whole or undivided interest in the surface estate or estates.
(c)(1) If the unknown or missing owner of a vested severed mineral interest does not contest a trust created under subsection (a)(1) of this section on or before 5 years after the date that the court issued the order creating the trust, the trustee shall file a petition to terminate the trust and to convey title to the severed mineral interest to the surface owners.
5. An affidavit signed by the trustee, affirming that after conducting a diligent inquiry, including a search in the county where the severed mineral interest is located, performed in accordance with generally accepted standards of title examination of the land records of the county, records of register of wills of the county, and records of the circuit court for the county, the trustee cannot locate the unknown or missing owner.
(d) Following a petition by the trustee made under subsection (c) of this section, the court shall, after notice, hold a hearing on the motion and enter an order requiring the trustee to convey the unknown or missing owner's mineral interest to the named surface owners if:
(e) If the court orders the conveyance in accordance with subsection (d) of this section, the trustee shall:
(f) After the conveyance to the surface owners in accordance with subsection (e) of this section, the surface owners shall be entitled to receive all proceeds from the lease of the mineral interest conveyed.
(g) After receiving the final report of the trustee in accordance with subsection (e)(5) of this section, the court shall order the trust terminated and the trustee discharged.
(h)(1) A trust created under this section shall be administered by the court as provided by the Maryland Rules.
Credits
Added by Acts 2010, c. 268, § 1, eff. Oct. 1, 2010; Acts 2010, c. 269, § 1, eff. Oct. 1, 2010.
MD Code, Environment, § 15-1206, MD ENVIR § 15-1206
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.
End of Document |