{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-400.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-400.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-400.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-400.html"}],"law_id":84161,"edition_id":1,"section_id":84161,"structure_id":15467,"section_number":"45.2-400","catch_line":" Presumption that no coal, minerals, ore, or oil exists in certain lands","history":"1924, p. 719; 1930, p. 721; Michie Code 1942, \u00a7 6239a; 1944, p. 48; Code 1950, \u00a7 55-154; 1956, c. 642; 1964, c. 377; 1968, c. 319; 1970, c. 350; 1972, c. 306; 1973, c. 123; 1974, c. 238; 1977, c. 309; 1980, c. 310; 1981, c. 518; 1984, c. 452; 2019, c. 712, \u00a7 45.1-161.311:9; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nSubject to the provisions of subsection B, in any case in which either (i) a claim to coal, minerals, ore, oil, or subsurface substances in, on, or under lands in the Commonwealth or (ii) the right to enter such land for the purpose of exploring, mining, boring, and sinking shafts for such coal, minerals, ore, oil, or subsurface substances is derived or reserved by any writing made 35 years or more prior to the institution of the action pursuant to § 45.2-401, it shall be prima facie presumed that no coal, minerals, ore, oil, or subsurface substances exist in, on, or under such lands, except lands lying west of the Blue Ridge Mountains.B\n\nThe provisions of subsection A shall apply only if (i) for a period of 35 years or more, such right to explore or mine has not been exercised, the person having such claim or right has never been charged with taxes thereon, all the taxes on the land have been charged to and paid by the person holding the land subject to such right to explore or mine, and no deed of bargain and sale of such claim or reservation in such mineral rights in the lands embraced in such claim has been recorded in the clerk’s office of the county wherein the lands are located or (ii) the right to explore and mine has been exercised, the coal, minerals, ore, oil, or subsurface substances in or on the land have been exhausted, and the right of mining or boring has been abandoned for a period of 35 years or more.","order_by":null,"text":{"0":{"id":301628,"text":"Subject to the provisions of subsection B, in any case in which either (i) a claim to coal, minerals, ore, oil, or subsurface substances in, on, or under lands in the Commonwealth or (ii) the right to enter such land for the purpose of exploring, mining, boring, and sinking shafts for such coal, minerals, ore, oil, or subsurface substances is derived or reserved by any writing made 35 years or more prior to the institution of the action pursuant to § 45.2-401, it shall be prima facie presumed that no coal, minerals, ore, oil, or subsurface substances exist in, on, or under such lands, except lands lying west of the Blue Ridge Mountains.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":301629,"text":"The provisions of subsection A shall apply only if (i) for a period of 35 years or more, such right to explore or mine has not been exercised, the person having such claim or right has never been charged with taxes thereon, all the taxes on the land have been charged to and paid by the person holding the land subject to such right to explore or mine, and no deed of bargain and sale of such claim or reservation in such mineral rights in the lands embraced in such claim has been recorded in the clerk’s office of the county wherein the lands are located or (ii) the right to explore and mine has been exercised, the coal, minerals, ore, oil, or subsurface substances in or on the land have been exhausted, and the right of mining or boring has been abandoned for a period of 35 years or more.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15467,"edition_id":1,"name":"Presumptions Regarding Ownership","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":13804,"metadata":{},"date_created":"2026-06-26 03:55:15","date_modified":"2026-06-26 03:55:15","permalink":{"id":222633,"object_type":"structure","relational_id":15467,"identifier":"4","token":"45.2\/I\/4","url":"\/45.2\/I\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13804,"edition_id":1,"name":"Administration","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:45:55","date_modified":"2026-06-26 03:45:55","permalink":{"id":222541,"object_type":"structure","relational_id":13804,"identifier":"I","token":"45.2\/I","url":"\/45.2\/I\/","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":84161,"structure_id":15467,"section_number":"45.2-400","catch_line":" Presumption that no coal, minerals, ore, or oil exists in certain lands","url":"\/45.2-400\/","token":"45.2\/I\/4\/45.2-400","metadata":false},{"id":86033,"structure_id":15467,"section_number":"45.2-401","catch_line":" Actions to extinguish certain claims","url":"\/45.2-401\/","token":"45.2\/I\/4\/45.2-401","metadata":false},{"id":58919,"structure_id":15467,"section_number":"45.2-402","catch_line":" Presumption regarding use of underground space","url":"\/45.2-402\/","token":"45.2\/I\/4\/45.2-402","metadata":false}],"next_section":{"id":86033,"structure_id":15467,"section_number":"45.2-401","catch_line":" Actions to extinguish certain claims","url":"\/45.2-401\/","token":"45.2\/I\/4\/45.2-401","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-400\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 12 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 1956, chapter 642; in 1964, chapter 377; in 1968, chapter 319; in 1970, chapter 350; in 1972, chapter 306; in 1973, chapter 123; in 1974, chapter 238; in 1977, chapter 309; in 1980, chapter 310; in 1981, chapter 518; in 1984, chapter 452; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":86033,"section_number":"45.2-401","catch_line":" Actions to extinguish certain claims","order_by":null,"url":"\/45.2-401\/"}],"refers_to":[{"id":86033,"section_number":"45.2-401","catch_line":" Actions to extinguish certain claims","order_by":null,"url":"\/45.2-401\/"}],"permalink":{"id":222635,"object_type":"law","relational_id":84161,"identifier":"45.2-400","token":"45.2\/I\/4\/45.2-400","url":"\/45.2-400\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-400\/","token":"45.2\/I\/4\/45.2-400","dublin_core":{"Title":" Presumption that no coal, minerals, ore, or oil exists in certain lands","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-400","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Subject to the provisions of subsection B, in any case in which either (i) a claim to coal, minerals, ore, oil, or subsurface substances in, on, or under lands in the Commonwealth or (ii) the right to enter such land for the purpose of exploring, mining, boring, and sinking shafts for such coal, minerals, ore, oil, or subsurface substances is derived or reserved by any writing made 35 years or more prior to the institution of the action pursuant to § 45.2-401<\/a>, it shall be prima facie presumed that no coal, minerals, ore, oil, or subsurface substances exist in, on, or under such lands, except lands lying west of the Blue Ridge Mountains. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provisions of subsection A shall apply only if (i) for a period of 35 years or more, such right to explore or mine has not been exercised, the person having such claim or right has never been charged with taxes thereon, all the taxes on the land have been charged to and paid by the person holding the land subject to such right to explore or mine, and no deed of bargain and sale of such claim or reservation in such mineral rights in the lands embraced in such claim has been recorded in the clerk’s office of the county wherein the lands are located or (ii) the right to explore and mine has been exercised, the coal, minerals, ore, oil, or subsurface substances in or on the land have been exhausted, and the right of mining or boring has been abandoned for a period of 35 years or more. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n PRESUMPTION THAT NO COAL, MINERALS, ORE, OR OIL EXISTS IN CERTAIN LANDS (\u00a7\n45.2-400)\n\nA. Subject to the provisions of subsection B, in any case in which either (i) a\nclaim to coal, minerals, ore, oil, or subsurface substances in, on, or under\nlands in the Commonwealth or (ii) the right to enter such land for the purpose\nof exploring, mining, boring, and sinking shafts for such coal, minerals, ore,\noil, or subsurface substances is derived or reserved by any writing made 35\nyears or more prior to the institution of the action pursuant to §\n45.2-401, it shall be prima facie presumed that no coal, minerals, ore, oil, or\nsubsurface substances exist in, on, or under such lands, except lands lying west\nof the Blue Ridge Mountains.\n\nB. The provisions of subsection A shall apply only if (i) for a period of 35\nyears or more, such right to explore or mine has not been exercised, the person\nhaving such claim or right has never been charged with taxes thereon, all the\ntaxes on the land have been charged to and paid by the person holding the land\nsubject to such right to explore or mine, and no deed of bargain and sale of\nsuch claim or reservation in such mineral rights in the lands embraced in such\nclaim has been recorded in the clerk’s office of the county wherein the\nlands are located or (ii) the right to explore and mine has been exercised, the\ncoal, minerals, ore, oil, or subsurface substances in or on the land have been\nexhausted, and the right of mining or boring has been abandoned for a period of\n35 years or more.\n\nHISTORY: 1924, p. 719; 1930, p. 721; Michie Code 1942, \u00a7 6239a; 1944, p. 48;\nCode 1950, \u00a7 55-154; 1956, c. 642; 1964, c. 377; 1968, c. 319; 1970, c. 350;\n1972, c. 306; 1973, c. 123; 1974, c. 238; 1977, c. 309; 1980, c. 310; 1981, c.\n518; 1984, c. 452; 2019, c. 712, \u00a7 45.1-161.311:9; 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}}