{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1622.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1622.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1622.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1622.html"}],"law_id":64077,"edition_id":1,"section_id":64077,"structure_id":13431,"section_number":"45.2-1622","catch_line":" Pooling of interests for coalbed methane gas wells; conflicting claims to ownership","history":"1990, c. 92, \u00a7 45.1-361.22; 1999, c. 122; 2006, c. 498; 2010, c. 442; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nIf there are conflicting claims to the ownership of coalbed methane gas, the Board, upon application from any claimant, shall enter an order pooling all interests or estates in the coalbed methane gas-drilling unit for the development and operation thereof.B\n\nIn addition to the provisions of \u00a7 45.2-1620, the following provisions shall apply to the order provided in subsection A:1\n\nSimultaneously with the filing of such application, the gas or oil owner applying for the order shall provide notice pursuant to the provisions of § 45.2-1618 to each person identified by the applicant as a potential owner of an interest in the coalbed methane gas underlying the tract that is the subject of the hearing.2\n\nThe Board shall cause to be established an escrow account into which the payment for costs or proceeds attributable to the conflicting interests shall be deposited and held for the interest of the claimants.3\n\nThe coalbed methane gas well operator shall deposit into the escrow account any money paid by a person claiming a contested ownership interest as a participating operator’s share of costs pursuant to the provisions of § 45.2-1620 and the order of the Board.4\n\nThe coalbed methane gas well operator shall deposit into the escrow account one-eighth of all proceeds attributable to the conflicting interests plus all proceeds in excess of ongoing operational expenses attributable to a participating or nonparticipating operator as provided for under § 45.2-1620 and the order of the Board.5\n\nThe Board shall order payment of principal and accrued interest, less escrow account fees, from the escrow account to conflicting claimants only after (i) a final decision of a court of competent jurisdiction adjudicating the ownership of coalbed methane gas as between them is issued, (ii) a determination is reached by an arbitrator pursuant to § 45.2-1623, or (iii) an agreement is reached among all claimants owning conflicting estates in the tract in question or any undivided interest therein. Upon receipt of an affidavit from conflicting claimants affirming such decision, determination, or agreement, the designated operator shall, within 30 days, file with the Board a petition for disbursement of funds on behalf of the conflicting claimants. The petition shall include a detailed accounting of all funds deposited in escrow that are subject to the proposed disbursement. The amount to be paid to the conflicting claimants shall be determined on the basis of (a) the percentage of ownership interest of the conflicting claimants as shown in the operator’s supplemental filing, made part of the pooling order that established the escrow account; (b) the operator’s records of deposits attributable to those tracts for which funds are being requested; and (c) the records of the escrow account for the coalbed methane gas-drilling unit. The petition for disbursement shall be placed on the first available Board docket. Funds shall be disbursed within 30 days after the Board decision and receipt by the Department of all documentation required by the Board. The interests of any cotenants that have not been resolved by the agreement or by judicial decision shall remain in the escrow account.6\n\nAny person who does not make an election under the pooling order shall be deemed, subject to a final legal determination of ownership, to have leased his gas or oil interest to the coalbed methane gas well operator as provided in the pooling order.","order_by":null,"text":{"0":{"id":233309,"text":"If there are conflicting claims to the ownership of coalbed methane gas, the Board, upon application from any claimant, shall enter an order pooling all interests or estates in the coalbed methane gas-drilling unit for the development and operation thereof.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":233310,"text":"In addition to the provisions of \u00a7 45.2-1620, the following provisions shall apply to the order provided in subsection A:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":233311,"text":"Simultaneously with the filing of such application, the gas or oil owner applying for the order shall provide notice pursuant to the provisions of § 45.2-1618 to each person identified by the applicant as a potential owner of an interest in the coalbed methane gas underlying the tract that is the subject of the hearing.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":233312,"text":"The Board shall cause to be established an escrow account into which the payment for costs or proceeds attributable to the conflicting interests shall be deposited and held for the interest of the claimants.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":233313,"text":"The coalbed methane gas well operator shall deposit into the escrow account any money paid by a person claiming a contested ownership interest as a participating operator’s share of costs pursuant to the provisions of § 45.2-1620 and the order of the Board.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":233314,"text":"The coalbed methane gas well operator shall deposit into the escrow account one-eighth of all proceeds attributable to the conflicting interests plus all proceeds in excess of ongoing operational expenses attributable to a participating or nonparticipating operator as provided for under § 45.2-1620 and the order of the Board.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":233315,"text":"The Board shall order payment of principal and accrued interest, less escrow account fees, from the escrow account to conflicting claimants only after (i) a final decision of a court of competent jurisdiction adjudicating the ownership of coalbed methane gas as between them is issued, (ii) a determination is reached by an arbitrator pursuant to § 45.2-1623, or (iii) an agreement is reached among all claimants owning conflicting estates in the tract in question or any undivided interest therein. Upon receipt of an affidavit from conflicting claimants affirming such decision, determination, or agreement, the designated operator shall, within 30 days, file with the Board a petition for disbursement of funds on behalf of the conflicting claimants. The petition shall include a detailed accounting of all funds deposited in escrow that are subject to the proposed disbursement. The amount to be paid to the conflicting claimants shall be determined on the basis of (a) the percentage of ownership interest of the conflicting claimants as shown in the operator’s supplemental filing, made part of the pooling order that established the escrow account; (b) the operator’s records of deposits attributable to those tracts for which funds are being requested; and (c) the records of the escrow account for the coalbed methane gas-drilling unit. The petition for disbursement shall be placed on the first available Board docket. Funds shall be disbursed within 30 days after the Board decision and receipt by the Department of all documentation required by the Board. The interests of any cotenants that have not been resolved by the agreement or by judicial decision shall remain in the escrow account.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":233316,"text":"Any person who does not make an election under the pooling order shall be deemed, subject to a final legal determination of ownership, to have leased his gas or oil interest to the coalbed methane gas well operator as provided in the pooling order.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5"}},"ancestry":[{"id":13431,"edition_id":1,"name":"Gas and Oil Conservation","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13430,"metadata":{},"date_created":"2026-06-26 03:44:53","date_modified":"2026-06-26 03:44:53","permalink":{"id":224731,"object_type":"structure","relational_id":13431,"identifier":"2","token":"45.2\/IV\/16\/2","url":"\/45.2\/IV\/16\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13430,"edition_id":1,"name":"Virginia Gas and Oil Act","identifier":"16","label":"chapter","depth":3,"order_by":1,"parent_id":13429,"metadata":{},"date_created":"2026-06-26 03:44:53","date_modified":"2026-06-26 03:44:53","permalink":{"id":224675,"object_type":"structure","relational_id":13430,"identifier":"16","token":"45.2\/IV\/16","url":"\/45.2\/IV\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13429,"edition_id":1,"name":"Gas and Oil","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:53","date_modified":"2026-06-26 03:44:53","permalink":{"id":224673,"object_type":"structure","relational_id":13429,"identifier":"IV","token":"45.2\/IV","url":"\/45.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12713,"edition_id":1,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":222539,"object_type":"structure","relational_id":12713,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76144,"structure_id":13431,"section_number":"45.2-1613","catch_line":" Meetings of the Board; notice; general powers and duties","url":"\/45.2-1613\/","token":"45.2\/IV\/16\/2\/45.2-1613","metadata":false},{"id":76594,"structure_id":13431,"section_number":"45.2-1614","catch_line":" Additional duties and responsibilities of the Board","url":"\/45.2-1614\/","token":"45.2\/IV\/16\/2\/45.2-1614","metadata":false},{"id":83675,"structure_id":13431,"section_number":"45.2-1615","catch_line":" Applicability and construction","url":"\/45.2-1615\/","token":"45.2\/IV\/16\/2\/45.2-1615","metadata":false},{"id":59912,"structure_id":13431,"section_number":"45.2-1616","catch_line":" Statewide spacing of wells","url":"\/45.2-1616\/","token":"45.2\/IV\/16\/2\/45.2-1616","metadata":false},{"id":60521,"structure_id":13431,"section_number":"45.2-1617","catch_line":" Voluntary pooling of interests in drilling units; validity of unit agreements","url":"\/45.2-1617\/","token":"45.2\/IV\/16\/2\/45.2-1617","metadata":false},{"id":66948,"structure_id":13431,"section_number":"45.2-1618","catch_line":" Notice of hearing; standing; form of hearing","url":"\/45.2-1618\/","token":"45.2\/IV\/16\/2\/45.2-1618","metadata":false},{"id":77291,"structure_id":13431,"section_number":"45.2-1619","catch_line":" Field rules and drilling units for wells; hearings and orders","url":"\/45.2-1619\/","token":"45.2\/IV\/16\/2\/45.2-1619","metadata":false},{"id":81791,"structure_id":13431,"section_number":"45.2-1620","catch_line":" Pooling of interests in drilling units","url":"\/45.2-1620\/","token":"45.2\/IV\/16\/2\/45.2-1620","metadata":false},{"id":80520,"structure_id":13431,"section_number":"45.2-1621","catch_line":" Coalbed methane gas; ownership","url":"\/45.2-1621\/","token":"45.2\/IV\/16\/2\/45.2-1621","metadata":false},{"id":64077,"structure_id":13431,"section_number":"45.2-1622","catch_line":" Pooling of interests for coalbed methane gas wells; conflicting claims to ownership","url":"\/45.2-1622\/","token":"45.2\/IV\/16\/2\/45.2-1622","metadata":false},{"id":72088,"structure_id":13431,"section_number":"45.2-1623","catch_line":" Conflicting claims of ownership; arbitration","url":"\/45.2-1623\/","token":"45.2\/IV\/16\/2\/45.2-1623","metadata":false},{"id":54396,"structure_id":13431,"section_number":"45.2-1624","catch_line":" Release of funds held in escrow or suspense because of conflicting claims to coalbed methane gas","url":"\/45.2-1624\/","token":"45.2\/IV\/16\/2\/45.2-1624","metadata":false},{"id":56696,"structure_id":13431,"section_number":"45.2-1625","catch_line":" Appeals of the Director's decisions; notices; hearings and orders","url":"\/45.2-1625\/","token":"45.2\/IV\/16\/2\/45.2-1625","metadata":false},{"id":85821,"structure_id":13431,"section_number":"45.2-1626","catch_line":" Enforcement","url":"\/45.2-1626\/","token":"45.2\/IV\/16\/2\/45.2-1626","metadata":false},{"id":54593,"structure_id":13431,"section_number":"45.2-1627","catch_line":" Standing when Director or Board fails to act","url":"\/45.2-1627\/","token":"45.2\/IV\/16\/2\/45.2-1627","metadata":false},{"id":56231,"structure_id":13431,"section_number":"45.2-1628","catch_line":" Recording of orders","url":"\/45.2-1628\/","token":"45.2\/IV\/16\/2\/45.2-1628","metadata":false}],"previous_section":{"id":80520,"structure_id":13431,"section_number":"45.2-1621","catch_line":" Coalbed methane gas; ownership","url":"\/45.2-1621\/","token":"45.2\/IV\/16\/2\/45.2-1621","metadata":false},"next_section":{"id":72088,"structure_id":13431,"section_number":"45.2-1623","catch_line":" Conflicting claims of ownership; arbitration","url":"\/45.2-1623\/","token":"45.2\/IV\/16\/2\/45.2-1623","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1622\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 92 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1999, chapter 122<\/a>; in 2006, chapter 498<\/a>; in 2010, chapter 442<\/a>.<\/p>","references":[{"id":66948,"section_number":"45.2-1618","catch_line":" Notice of hearing; standing; form of hearing","order_by":null,"url":"\/45.2-1618\/"},{"id":72088,"section_number":"45.2-1623","catch_line":" Conflicting claims of ownership; arbitration","order_by":null,"url":"\/45.2-1623\/"},{"id":54396,"section_number":"45.2-1624","catch_line":" Release of funds held in escrow or suspense because of conflicting claims to coalbed methane gas","order_by":null,"url":"\/45.2-1624\/"},{"id":69690,"section_number":"45.2-1631","catch_line":" Permit required; gas, oil, or geophysical operations; coalbed methane gas wells; environmental assessment","order_by":null,"url":"\/45.2-1631\/"}],"refers_to":[{"id":66948,"section_number":"45.2-1618","catch_line":" Notice of hearing; standing; form of hearing","order_by":null,"url":"\/45.2-1618\/"},{"id":81791,"section_number":"45.2-1620","catch_line":" Pooling of interests in drilling units","order_by":null,"url":"\/45.2-1620\/"},{"id":72088,"section_number":"45.2-1623","catch_line":" Conflicting claims of ownership; arbitration","order_by":null,"url":"\/45.2-1623\/"}],"permalink":{"id":224769,"object_type":"law","relational_id":64077,"identifier":"45.2-1622","token":"45.2\/IV\/16\/2\/45.2-1622","url":"\/45.2-1622\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1622\/","token":"45.2\/IV\/16\/2\/45.2-1622","dublin_core":{"Title":" Pooling of interests for coalbed methane gas wells; conflicting claims to ownership","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1622","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If there are conflicting claims to the ownership of coalbed methane gas<\/span>, the Board<\/span>, upon application from any claimant, shall enter an order<\/span> pooling all interests or estates in the coalbed methane gas<\/span>-drilling unit<\/span> for the development and operation thereof. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In addition to the provisions of \u00a7 45.2-1620<\/a>, the following provisions shall apply to the order<\/span> provided in subsection A: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Simultaneously with the filing of such application, the gas or oil owner<\/span> applying for the order<\/span> shall provide notice pursuant to the provisions of § 45.2-1618<\/a> to each person identified by the applicant as a potential owner of an interest in the coalbed methane gas<\/span> underlying the tract that is the subject of the hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Board<\/span> shall cause to be established an escrow account into which the payment for costs or proceeds attributable to the conflicting interests shall be deposited and held for the interest of the claimants. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The coalbed methane gas<\/span> well<\/span> operator<\/span> shall deposit into the escrow account any money paid by a person claiming a contested ownership interest as a participating operator<\/span>’s share of costs pursuant to the provisions of § 45.2-1620<\/a> and the order<\/span> of the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The coalbed methane gas<\/span> well<\/span> operator<\/span> shall deposit into the escrow account one-eighth of all proceeds attributable to the conflicting interests plus all proceeds in excess of ongoing operational expenses attributable to a participating or nonparticipating operator<\/span> as provided for under § 45.2-1620<\/a> and the order<\/span> of the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The Board<\/span> shall order<\/span> payment of principal and accrued interest, less escrow account fees, from the escrow account to conflicting claimants only after (i) a final decision of a court<\/span> of competent jurisdiction<\/span> adjudicating the ownership of coalbed methane gas<\/span> as between them is issued, (ii) a determination is reached by an arbitrator pursuant to § 45.2-1623<\/a>, or (iii) an agreement is reached among all claimants owning conflicting estates in the tract in question or any undivided interest therein. Upon receipt of an affidavit<\/span> from conflicting claimants affirming such decision, determination, or agreement, the designated operator shall, within 30 days, file with the Board<\/span> a petition<\/span> for disbursement of funds on behalf of the conflicting claimants. The petition<\/span> shall include a detailed accounting of all funds deposited in escrow that are subject to the proposed disbursement. The amount to be paid to the conflicting claimants shall be determined on the basis of (a) the percentage of ownership interest of the conflicting claimants as shown in the operator’s supplemental filing, made part of the pooling order<\/span> that established the escrow account; (b) the operator’s records of deposits attributable to those tracts for which funds are being requested; and (c) the records of the escrow account for the coalbed methane gas<\/span>-drilling unit<\/span>. The petition<\/span> for disbursement shall be placed on the first available Board<\/span> docket<\/span>. Funds shall be disbursed within 30 days after the Board<\/span> decision and receipt by the Department<\/span> of all documentation required by the Board<\/span>. The interests of any cotenants that have not been resolved by the agreement or by judicial decision shall remain in the escrow account. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Any person who does not make an election under the pooling order<\/span> shall be deemed, subject to a final legal determination of ownership, to have leased his gas or oil interest to the coalbed methane gas<\/span> well<\/span> operator<\/span> as provided in the pooling order<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n POOLING OF INTERESTS FOR COALBED METHANE GAS WELLS; CONFLICTING CLAIMS TO\nOWNERSHIP (\u00a7 45.2-1622)\n\nA. If there are conflicting claims to the ownership of coalbed methane gas, the\nBoard, upon application from any claimant, shall enter an order pooling all\ninterests or estates in the coalbed methane gas-drilling unit for the\ndevelopment and operation thereof.\n\nB. In addition to the provisions of \u00a7 45.2-1620, the following provisions shall\napply to the order provided in subsection A:\n\n 1. Simultaneously with the filing of such application, the gas or oil owner\n applying for the order shall provide notice pursuant to the provisions of\n § 45.2-1618 to each person identified by the applicant as a potential\n owner of an interest in the coalbed methane gas underlying the tract that is\n the subject of the hearing.\n\n 2. The Board shall cause to be established an escrow account into which the\n payment for costs or proceeds attributable to the conflicting interests shall\n be deposited and held for the interest of the claimants.\n\n 3. The coalbed methane gas well operator shall deposit into the escrow account\n any money paid by a person claiming a contested ownership interest as a\n participating operator’s share of costs pursuant to the provisions of\n § 45.2-1620 and the order of the Board.\n\n 4. The coalbed methane gas well operator shall deposit into the escrow account\n one-eighth of all proceeds attributable to the conflicting interests plus all\n proceeds in excess of ongoing operational expenses attributable to a\n participating or nonparticipating operator as provided for under §\n 45.2-1620 and the order of the Board.\n\n 5. The Board shall order payment of principal and accrued interest, less\n escrow account fees, from the escrow account to conflicting claimants only\n after (i) a final decision of a court of competent jurisdiction adjudicating\n the ownership of coalbed methane gas as between them is issued, (ii) a\n determination is reached by an arbitrator pursuant to § 45.2-1623, or\n (iii) an agreement is reached among all claimants owning conflicting estates\n in the tract in question or any undivided interest therein. Upon receipt of an\n affidavit from conflicting claimants affirming such decision, determination,\n or agreement, the designated operator shall, within 30 days, file with the\n Board a petition for disbursement of funds on behalf of the conflicting\n claimants. The petition shall include a detailed accounting of all funds\n deposited in escrow that are subject to the proposed disbursement. The amount\n to be paid to the conflicting claimants shall be determined on the basis of\n (a) the percentage of ownership interest of the conflicting claimants as shown\n in the operator’s supplemental filing, made part of the pooling order\n that established the escrow account; (b) the operator’s records of\n deposits attributable to those tracts for which funds are being requested; and\n (c) the records of the escrow account for the coalbed methane gas-drilling\n unit. The petition for disbursement shall be placed on the first available\n Board docket. Funds shall be disbursed within 30 days after the Board decision\n and receipt by the Department of all documentation required by the Board. The\n interests of any cotenants that have not been resolved by the agreement or by\n judicial decision shall remain in the escrow account.\n\n 6. Any person who does not make an election under the pooling order shall be\n deemed, subject to a final legal determination of ownership, to have leased\n his gas or oil interest to the coalbed methane gas well operator as provided\n in the pooling order.\n\nHISTORY: 1990, c. 92, \u00a7 45.1-361.22; 1999, c. 122; 2006, c. 498; 2010, c. 442;\n2021, Sp. Sess. I, c. 387.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}