{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1623.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1623.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1623.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1623.html"}],"law_id":72088,"edition_id":1,"section_id":72088,"structure_id":13431,"section_number":"45.2-1623","catch_line":" Conflicting claims of ownership; arbitration","history":"2010, c. 442, \u00a7 45.1-361.22:1; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nThe Board shall enter an order requiring that the matter of disputed ownership be submitted to arbitration and notify the circuit court in the jurisdiction in which the majority of the subject tract is located (i) upon written request from all claimants to the ownership of coalbed methane gas related to the subject tract under § 45.2-1622; (ii) upon receipt of an affidavit executed by all such claimants affirming that there is no other known surface owner, gas or oil owner, coal owner, mineral owner, or operator of a gas storage field certificated by the State Corporation Commission having an interest underlying the subject tract; (iii) after a hearing noticed pursuant to subsection B of § 45.2-1618; and (iv) upon a determination by the Department whether sufficient funds are available to pay the estimated costs of the arbitration pursuant to subsection F. Within 30 days of receipt of the notice from the Board, the circuit court shall appoint an attorney from the list maintained by the Department pursuant to subsection C or, at the discretion of the court, another attorney meeting the qualifications set forth in subsection C. Prior to his appointment as an arbitrator of a particular dispute, the attorney shall certify to the circuit court that he has not derived more than 10 percent of his income during any of the preceding three years from any (a) claimants asserting ownership or rights in the subject tract or (b) affiliated entities or immediate family members of such claimants. If the attorney cannot provide such certification, he shall notify the circuit court and he will be disqualified from serving as arbitrator for that particular dispute.B\n\nThe Department shall send notice to all claimants if it determines that there are insufficient funds to pay the estimated costs of the arbitration pursuant to subsection F. The claimants may, by unanimous agreement, proceed with the arbitration process, notify the Board of such agreement, and bear the costs to the extent of the insufficiency. If the parties do not agree, the arbitration shall be delayed until such funds are available.C\n\nTo be qualified as an arbitrator, a candidate shall (i) be an attorney licensed in the Commonwealth; (ii) have at least 10 years of experience in real estate law, including substantial expertise in mineral title examination; and (iii) disclose to the Board whether he has been engaged within the preceding three years by any person in a matter subject to the jurisdiction of the Board or the Department under this chapter. The Department shall solicit applications from attorneys meeting the qualifications set forth in this subsection and maintain a list of attorneys qualifying as arbitrators for use by the circuit courts. The Department shall update its list at least once annually. To maintain qualification, each attorney whose name appears on the list shall update annually his disclosures as set forth in clause (iii).D\n\nThe arbitrator shall determine a time and place for the arbitration hearing and cause written notification of such hearing to be served on each surface owner, gas or oil owner, coal owner, mineral owner, or operator of a gas storage field certificated by the State Corporation Commission having an interest underlying the tract that is the subject of the hearing. Parties shall be served personally or by certified mail, return receipt requested, not less than 14 days before the hearing. Appearance at the hearing waives such party’s right to challenge notice. Any party to the arbitration has the right to representation before the arbitrator pursuant to § 8.01-581.05. In accordance with § 8.01-581.06, the arbitrator may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence; administer oaths; and, upon application by a party to the arbitration, permit the taking of depositions for use as evidence. The arbitrator shall hear and determine the controversy upon the evidence and consistent with applicable law, notwithstanding the failure of a party to appear at the hearing.E\n\nThe arbitrator shall issue his determination as to the ownership in the coalbed methane gas and entitlement to proceeds held in escrow within six months from the order of the Board requiring the matter be submitted to arbitration, unless a longer period is otherwise agreed to by all parties. Such determination shall be in writing and sent to the Board and to each party to whom notice is required to be given under subsection D.F\n\nUpon the issuance of the arbitrator’s determination of ownership and subject to the availability of funds, the fees and expenses of the arbitration, but not including fees or costs of counsel engaged by the respective claimants or any other costs of the claimants, shall be paid from the accrued interest on general escrow account funds.G\n\nAn arbitrator’s determination rendered pursuant to subsection E shall be binding upon the parties, and upon request of any party to the arbitration such determination may be entered as the judgment of the circuit court responsible for appointing the arbitrator under subsection A.H\n\nUpon application of any party to the arbitration, a determination rendered pursuant to subsection E may be confirmed, vacated, corrected, or appealed pursuant to the grounds set forth in Chapter 21 (§ 8.01-577 et seq.) of Title 8.01.","order_by":null,"text":{"0":{"id":259742,"text":"The Board shall enter an order requiring that the matter of disputed ownership be submitted to arbitration and notify the circuit court in the jurisdiction in which the majority of the subject tract is located (i) upon written request from all claimants to the ownership of coalbed methane gas related to the subject tract under § 45.2-1622; (ii) upon receipt of an affidavit executed by all such claimants affirming that there is no other known surface owner, gas or oil owner, coal owner, mineral owner, or operator of a gas storage field certificated by the State Corporation Commission having an interest underlying the subject tract; (iii) after a hearing noticed pursuant to subsection B of § 45.2-1618; and (iv) upon a determination by the Department whether sufficient funds are available to pay the estimated costs of the arbitration pursuant to subsection F. Within 30 days of receipt of the notice from the Board, the circuit court shall appoint an attorney from the list maintained by the Department pursuant to subsection C or, at the discretion of the court, another attorney meeting the qualifications set forth in subsection C. Prior to his appointment as an arbitrator of a particular dispute, the attorney shall certify to the circuit court that he has not derived more than 10 percent of his income during any of the preceding three years from any (a) claimants asserting ownership or rights in the subject tract or (b) affiliated entities or immediate family members of such claimants. If the attorney cannot provide such certification, he shall notify the circuit court and he will be disqualified from serving as arbitrator for that particular dispute.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":259743,"text":"The Department shall send notice to all claimants if it determines that there are insufficient funds to pay the estimated costs of the arbitration pursuant to subsection F. The claimants may, by unanimous agreement, proceed with the arbitration process, notify the Board of such agreement, and bear the costs to the extent of the insufficiency. If the parties do not agree, the arbitration shall be delayed until such funds are available.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":259744,"text":"To be qualified as an arbitrator, a candidate shall (i) be an attorney licensed in the Commonwealth; (ii) have at least 10 years of experience in real estate law, including substantial expertise in mineral title examination; and (iii) disclose to the Board whether he has been engaged within the preceding three years by any person in a matter subject to the jurisdiction of the Board or the Department under this chapter. The Department shall solicit applications from attorneys meeting the qualifications set forth in this subsection and maintain a list of attorneys qualifying as arbitrators for use by the circuit courts. The Department shall update its list at least once annually. To maintain qualification, each attorney whose name appears on the list shall update annually his disclosures as set forth in clause (iii).","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":259745,"text":"The arbitrator shall determine a time and place for the arbitration hearing and cause written notification of such hearing to be served on each surface owner, gas or oil owner, coal owner, mineral owner, or operator of a gas storage field certificated by the State Corporation Commission having an interest underlying the tract that is the subject of the hearing. Parties shall be served personally or by certified mail, return receipt requested, not less than 14 days before the hearing. Appearance at the hearing waives such party’s right to challenge notice. Any party to the arbitration has the right to representation before the arbitrator pursuant to § 8.01-581.05. In accordance with § 8.01-581.06, the arbitrator may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence; administer oaths; and, upon application by a party to the arbitration, permit the taking of depositions for use as evidence. The arbitrator shall hear and determine the controversy upon the evidence and consistent with applicable law, notwithstanding the failure of a party to appear at the hearing.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":259746,"text":"The arbitrator shall issue his determination as to the ownership in the coalbed methane gas and entitlement to proceeds held in escrow within six months from the order of the Board requiring the matter be submitted to arbitration, unless a longer period is otherwise agreed to by all parties. Such determination shall be in writing and sent to the Board and to each party to whom notice is required to be given under subsection D.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":259747,"text":"Upon the issuance of the arbitrator’s determination of ownership and subject to the availability of funds, the fees and expenses of the arbitration, but not including fees or costs of counsel engaged by the respective claimants or any other costs of the claimants, shall be paid from the accrued interest on general escrow account funds.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":259748,"text":"An arbitrator’s determination rendered pursuant to subsection E shall be binding upon the parties, and upon request of any party to the arbitration such determination may be entered as the judgment of the circuit court responsible for appointing the arbitrator under subsection A.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":259749,"text":"Upon application of any party to the arbitration, a determination rendered pursuant to subsection E may be confirmed, vacated, corrected, or appealed pursuant to the grounds set forth in Chapter 21 (§ 8.01-577 et seq.) of Title 8.01.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1623\/","history_text":"

This law was first created in 2010. The record of its establishment is cataloged in chapter 442<\/a> 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.<\/p>","references":[{"id":64077,"section_number":"45.2-1622","catch_line":" Pooling of interests for coalbed methane gas wells; conflicting claims to ownership","order_by":null,"url":"\/45.2-1622\/"}],"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":64077,"section_number":"45.2-1622","catch_line":" Pooling of interests for coalbed methane gas wells; conflicting claims to ownership","order_by":null,"url":"\/45.2-1622\/"},{"id":80815,"section_number":"8.01-577","catch_line":"Submission of controversy; agreement to arbitrate; condition precedent to action","order_by":null,"url":"\/8.01-577\/"},{"id":70809,"section_number":"8.01-581.05","catch_line":"Representation by attorney","order_by":null,"url":"\/8.01-581.05\/"},{"id":62287,"section_number":"8.01-581.06","catch_line":"Witnesses, subpoenas, depositions","order_by":null,"url":"\/8.01-581.06\/"}],"permalink":{"id":224773,"object_type":"law","relational_id":72088,"identifier":"45.2-1623","token":"45.2\/IV\/16\/2\/45.2-1623","url":"\/45.2-1623\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1623\/","token":"45.2\/IV\/16\/2\/45.2-1623","dublin_core":{"Title":" Conflicting claims of ownership; arbitration","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1623","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> shall enter an order<\/span> requiring that the matter of disputed ownership be submitted to arbitration and notify the circuit<\/span> court<\/span> in the jurisdiction<\/span> in which the majority of the subject tract is located (i) upon written request from all claimants to the ownership of coalbed methane gas<\/span> related to the subject tract under § 45.2-1622<\/a>; (ii) upon receipt of an affidavit<\/span> executed by all such claimants affirming that there is no other known surface owner<\/span>, gas or oil owner<\/span>, coal owner<\/span>, mineral owner<\/span>, or operator of a gas storage field certificated by the State Corporation Commission having an interest underlying the subject tract; (iii) after a hearing<\/span> noticed pursuant to subsection B of § 45.2-1618<\/a>; and (iv) upon a determination by the Department<\/span> whether sufficient funds are available to pay the estimated costs of the arbitration pursuant to subsection F. Within 30 days of receipt of the notice from the Board<\/span>, the circuit<\/span> court<\/span> shall appoint an attorney from the list maintained by the Department<\/span> pursuant to subsection C or, at the discretion of the court<\/span>, another attorney meeting the qualifications set forth in subsection C. Prior to his appointment as an arbitrator of a particular dispute, the attorney shall certify to the circuit<\/span> court<\/span> that he has not derived more than 10 percent of his income during any of the preceding three years from any (a) claimants asserting ownership or rights in the subject tract or (b) affiliated entities or immediate family members of such claimants. If the attorney cannot provide such certification, he shall notify the circuit<\/span> court<\/span> and he will be disqualified from serving as arbitrator for that particular dispute. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> shall send notice to all claimants if it determines that there are insufficient funds to pay the estimated costs of the arbitration pursuant to subsection F. The claimants may, by unanimous agreement, proceed with the arbitration process, notify the Board<\/span> of such agreement, and bear the costs to the extent of the insufficiency. If the parties do not agree, the arbitration shall be delayed until such funds are available. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> To be qualified as an arbitrator, a candidate shall (i) be an attorney licensed in the Commonwealth; (ii) have at least 10 years of experience in real estate law<\/span>, including substantial expertise in mineral title examination; and (iii) disclose to the Board<\/span> whether he has been engaged within the preceding three years by any person in a matter subject to the jurisdiction<\/span> of the Board<\/span> or the Department<\/span> under this chapter. The Department<\/span> shall solicit applications from attorneys meeting the qualifications set forth in this subsection and maintain a list of attorneys qualifying as arbitrators for use by the circuit<\/span> courts<\/span>. The Department<\/span> shall update its list at least once annually. To maintain qualification, each attorney whose name appears on the list shall update annually his disclosures as set forth in clause (iii). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The arbitrator shall determine a time and place for the arbitration hearing<\/span> and cause written notification of such hearing<\/span> to be served on each surface owner<\/span>, gas or oil owner<\/span>, coal owner<\/span>, mineral owner<\/span>, or operator of a gas storage field certificated by the State Corporation Commission having an interest underlying the tract that is the subject of the hearing<\/span>. Parties shall be served personally or by certified mail, return receipt requested, not less than 14 days before the hearing<\/span>. Appearance<\/span> at the hearing<\/span> waives<\/span> such party<\/span>’s right to challenge notice. Any party<\/span> to the arbitration has the right to representation before the arbitrator pursuant to § 8.01-581.05<\/a>. In accordance with § 8.01-581.06<\/a>, the arbitrator may issue<\/span> subpoenas<\/span> for the attendance of witnesses and for the production of books, records, documents, and other evidence<\/span>; administer oaths<\/span>; and, upon application by a party<\/span> to the arbitration, permit the taking of depositions<\/span> for use as evidence<\/span>. The arbitrator shall hear and determine the controversy upon the evidence<\/span> and consistent with applicable law<\/span>, notwithstanding the failure of a party<\/span> to appear at the hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The arbitrator shall issue<\/span> his determination as to the ownership in the coalbed methane gas<\/span> and entitlement to proceeds held in escrow within six months from the order<\/span> of the Board<\/span> requiring the matter be submitted to arbitration, unless a longer period is otherwise agreed to by all parties. Such determination shall be in writing and sent to the Board<\/span> and to each party<\/span> to whom notice is required to be given under subsection D. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Upon the issuance of the arbitrator’s determination of ownership and subject to the availability of funds, the fees and expenses of the arbitration, but not including fees or costs of counsel<\/span> engaged by the respective claimants or any other costs of the claimants, shall be paid from the accrued interest on general escrow account funds. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> An arbitrator’s determination rendered pursuant to subsection E shall be binding upon the parties, and upon request of any party<\/span> to the arbitration such determination may be entered as the judgment<\/span> of the circuit<\/span> court<\/span> responsible for appointing the arbitrator under subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Upon application of any party<\/span> to the arbitration, a determination rendered pursuant to subsection E may be confirmed, vacated, corrected, or appealed pursuant to the grounds set forth in Chapter 21 (§ 8.01-577<\/a> et seq.) of Title 8.01. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n CONFLICTING CLAIMS OF OWNERSHIP; ARBITRATION (\u00a7 45.2-1623)\n\nA. The Board shall enter an order requiring that the matter of disputed\nownership be submitted to arbitration and notify the circuit court in the\njurisdiction in which the majority of the subject tract is located (i) upon\nwritten request from all claimants to the ownership of coalbed methane gas\nrelated to the subject tract under § 45.2-1622; (ii) upon receipt of an\naffidavit executed by all such claimants affirming that there is no other known\nsurface owner, gas or oil owner, coal owner, mineral owner, or operator of a gas\nstorage field certificated by the State Corporation Commission having an\ninterest underlying the subject tract; (iii) after a hearing noticed pursuant to\nsubsection B of § 45.2-1618; and (iv) upon a determination by the\nDepartment whether sufficient funds are available to pay the estimated costs of\nthe arbitration pursuant to subsection F. Within 30 days of receipt of the\nnotice from the Board, the circuit court shall appoint an attorney from the list\nmaintained by the Department pursuant to subsection C or, at the discretion of\nthe court, another attorney meeting the qualifications set forth in subsection\nC. Prior to his appointment as an arbitrator of a particular dispute, the\nattorney shall certify to the circuit court that he has not derived more than 10\npercent of his income during any of the preceding three years from any (a)\nclaimants asserting ownership or rights in the subject tract or (b) affiliated\nentities or immediate family members of such claimants. If the attorney cannot\nprovide such certification, he shall notify the circuit court and he will be\ndisqualified from serving as arbitrator for that particular dispute.\n\nB. The Department shall send notice to all claimants if it determines that there\nare insufficient funds to pay the estimated costs of the arbitration pursuant to\nsubsection F. The claimants may, by unanimous agreement, proceed with the\narbitration process, notify the Board of such agreement, and bear the costs to\nthe extent of the insufficiency. If the parties do not agree, the arbitration\nshall be delayed until such funds are available.\n\nC. To be qualified as an arbitrator, a candidate shall (i) be an attorney\nlicensed in the Commonwealth; (ii) have at least 10 years of experience in real\nestate law, including substantial expertise in mineral title examination; and\n(iii) disclose to the Board whether he has been engaged within the preceding\nthree years by any person in a matter subject to the jurisdiction of the Board\nor the Department under this chapter. The Department shall solicit applications\nfrom attorneys meeting the qualifications set forth in this subsection and\nmaintain a list of attorneys qualifying as arbitrators for use by the circuit\ncourts. The Department shall update its list at least once annually. To maintain\nqualification, each attorney whose name appears on the list shall update\nannually his disclosures as set forth in clause (iii).\n\nD. The arbitrator shall determine a time and place for the arbitration hearing\nand cause written notification of such hearing to be served on each surface\nowner, gas or oil owner, coal owner, mineral owner, or operator of a gas storage\nfield certificated by the State Corporation Commission having an interest\nunderlying the tract that is the subject of the hearing. Parties shall be served\npersonally or by certified mail, return receipt requested, not less than 14 days\nbefore the hearing. Appearance at the hearing waives such party’s right to\nchallenge notice. Any party to the arbitration has the right to representation\nbefore the arbitrator pursuant to § 8.01-581.05. In accordance with §\n8.01-581.06, the arbitrator may issue subpoenas for the attendance of witnesses\nand for the production of books, records, documents, and other evidence;\nadminister oaths; and, upon application by a party to the arbitration, permit\nthe taking of depositions for use as evidence. The arbitrator shall hear and\ndetermine the controversy upon the evidence and consistent with applicable law,\nnotwithstanding the failure of a party to appear at the hearing.\n\nE. The arbitrator shall issue his determination as to the ownership in the\ncoalbed methane gas and entitlement to proceeds held in escrow within six months\nfrom the order of the Board requiring the matter be submitted to arbitration,\nunless a longer period is otherwise agreed to by all parties. Such determination\nshall be in writing and sent to the Board and to each party to whom notice is\nrequired to be given under subsection D.\n\nF. Upon the issuance of the arbitrator’s determination of ownership and\nsubject to the availability of funds, the fees and expenses of the arbitration,\nbut not including fees or costs of counsel engaged by the respective claimants\nor any other costs of the claimants, shall be paid from the accrued interest on\ngeneral escrow account funds.\n\nG. An arbitrator’s determination rendered pursuant to subsection E shall\nbe binding upon the parties, and upon request of any party to the arbitration\nsuch determination may be entered as the judgment of the circuit court\nresponsible for appointing the arbitrator under subsection A.\n\nH. Upon application of any party to the arbitration, a determination rendered\npursuant to subsection E may be confirmed, vacated, corrected, or appealed\npursuant to the grounds set forth in Chapter 21 (§ 8.01-577 et seq.) of\nTitle 8.01.\n\nHISTORY: 2010, c. 442, \u00a7 45.1-361.22:1; 2021, 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}}