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AR HB1890
Bill
Status
5/17/2013
Primary Sponsor
Bob Ballinger
Click for details
AI Summary
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Creates the "Claim of Unrecorded Mineral Rights Act" as a new subchapter of Arkansas Code Title 18, Chapter 60, establishing a procedure for surface estate owners to claim unrecorded mineral rights.
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Defines "mineral" to include oil, gas, coal, hydrocarbons, oil shale, cement materials, sand and gravel, chemical substances, gemstones, metals, ores, clay, geothermal resources, and other substances defined as minerals under state law.
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Allows surface estate owners to file a complaint with the circuit court clerk claiming unrecorded mineral rights if no recorded owner exists, taxes have not been paid, and the owner either has no knowledge of a purported mineral owner or has provided certified mail notice to all known claimants.
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Requires mineral right owners to file a statement of claim within 60 days of published notice (one publication per week for three consecutive weeks) to preserve their ownership, including proof of recording with the county recorder.
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If no statement of claim is filed within 60 days, the circuit court vests title to the mineral right in the surface estate owner; a recorded certified copy of this order bars subsequent claims to the mineral right.
Legislative Description
To Create The Claim Of Unrecorded Mineral Rights Act; And To Provide A Procedure For Claiming Ownership Of Unrecorded Mineral Rights.
Last Action
Died in House Committee at Sine Die adjournment.
5/17/2013