{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-401.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-401.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-401.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-401.html"}],"law_id":86033,"edition_id":1,"section_id":86033,"structure_id":15467,"section_number":"45.2-401","catch_line":" Actions to extinguish certain claims","history":"1924, p. 720; 1930, p. 721; Michie Code 1942, \u00a7 6239a; 1944, p. 49; Code 1950, \u00a7 55-155; 1977, c. 624; 2019, c. 712, \u00a7 45.1-161.311:11; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nThe owner or owners of land subject to a claim or right pursuant to § 45.2-400 separately or jointly may bring an action requesting the extinguishment of such claim or right. The person by whom such claim by such writing was derived or reserved, or his successors in title, shall be made a defendant by name so far as known or as defendants unknown if such successors in title are unknown. The venue for such action shall be as specified in subdivision 3 of § 8.01-261.B\n\nThe court shall allow a period of not less than six months from the time the cause is docketed and set for hearing to elapse. During such time, the defendant may explore and discover any commercial coal, mineral, ore, oil, or subsurface substance.C\n\nIn the absence of satisfactory evidence to the contrary, it shall be presumed that no commercial coal, mineral, ore, oil, or subsurface substance exists in or on the land, and the court shall enter an order declaring the claim or right to be a cloud on the title and releasing the land therefrom and extinguishing such claim or right. However, if the defendant or defendants prove that a commercial coal, mineral, ore, oil, or subsurface substance exists in or on the land, the court shall require such coal, mineral, ore, oil, or subsurface substance to be charged with taxes according to law.","order_by":null,"text":{"0":{"id":308093,"text":"The owner or owners of land subject to a claim or right pursuant to § 45.2-400 separately or jointly may bring an action requesting the extinguishment of such claim or right. The person by whom such claim by such writing was derived or reserved, or his successors in title, shall be made a defendant by name so far as known or as defendants unknown if such successors in title are unknown. The venue for such action shall be as specified in subdivision 3 of § 8.01-261.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":308094,"text":"The court shall allow a period of not less than six months from the time the cause is docketed and set for hearing to elapse. During such time, the defendant may explore and discover any commercial coal, mineral, ore, oil, or subsurface substance.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":308095,"text":"In the absence of satisfactory evidence to the contrary, it shall be presumed that no commercial coal, mineral, ore, oil, or subsurface substance exists in or on the land, and the court shall enter an order declaring the claim or right to be a cloud on the title and releasing the land therefrom and extinguishing such claim or right. However, if the defendant or defendants prove that a commercial coal, mineral, ore, oil, or subsurface substance exists in or on the land, the court shall require such coal, mineral, ore, oil, or subsurface substance to be charged with taxes according to law.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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}],"previous_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","url":"\/45.2-400\/","token":"45.2\/I\/4\/45.2-400","metadata":false},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-401\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 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 1977, chapter 624; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":84161,"section_number":"45.2-400","catch_line":" Presumption that no coal, minerals, ore, or oil exists in certain lands","order_by":null,"url":"\/45.2-400\/"}],"refers_to":[{"id":84161,"section_number":"45.2-400","catch_line":" Presumption that no coal, minerals, ore, or oil exists in certain lands","order_by":null,"url":"\/45.2-400\/"}],"permalink":{"id":222639,"object_type":"law","relational_id":86033,"identifier":"45.2-401","token":"45.2\/I\/4\/45.2-401","url":"\/45.2-401\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-401\/","token":"45.2\/I\/4\/45.2-401","dublin_core":{"Title":" Actions to extinguish certain claims","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-401","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The owner or owners of land subject to a claim or right pursuant to § 45.2-400<\/a> separately or jointly may bring an action requesting the extinguishment of such claim or right. The person by whom such claim by such writing was derived or reserved, or his successors in title, shall be made a defendant<\/span> by name so far as known or as defendants<\/span> unknown if such successors in title are unknown. The venue<\/span> for such action shall be as specified in subdivision 3 of § 8.01-261<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court<\/span> shall allow a period of not less than six months from the time the cause is docketed and set for hearing<\/span> to elapse. During such time, the defendant<\/span> may explore and discover any commercial coal, mineral, ore, oil, or subsurface substance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In the absence of satisfactory evidence<\/span> to the contrary, it shall be presumed that no commercial coal, mineral, ore, oil, or subsurface substance exists in or on the land, and the court<\/span> shall enter an order<\/span> declaring the claim or right to be a cloud on the title and releasing the land therefrom and extinguishing such claim or right. However, if the defendant<\/span> or defendants<\/span> prove that a commercial coal, mineral, ore, oil, or subsurface substance exists in or on the land, the court<\/span> shall require such coal, mineral, ore, oil, or subsurface substance to be charged with taxes according to law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n ACTIONS TO EXTINGUISH CERTAIN CLAIMS (\u00a7 45.2-401)\n\nA. The owner or owners of land subject to a claim or right pursuant to §\n45.2-400 separately or jointly may bring an action requesting the extinguishment\nof such claim or right. The person by whom such claim by such writing was\nderived or reserved, or his successors in title, shall be made a defendant by\nname so far as known or as defendants unknown if such successors in title are\nunknown. The venue for such action shall be as specified in subdivision 3 of\n§ 8.01-261.\n\nB. The court shall allow a period of not less than six months from the time the\ncause is docketed and set for hearing to elapse. During such time, the defendant\nmay explore and discover any commercial coal, mineral, ore, oil, or subsurface\nsubstance.\n\nC. In the absence of satisfactory evidence to the contrary, it shall be presumed\nthat no commercial coal, mineral, ore, oil, or subsurface substance exists in or\non the land, and the court shall enter an order declaring the claim or right to\nbe a cloud on the title and releasing the land therefrom and extinguishing such\nclaim or right. However, if the defendant or defendants prove that a commercial\ncoal, mineral, ore, oil, or subsurface substance exists in or on the land, the\ncourt shall require such coal, mineral, ore, oil, or subsurface substance to be\ncharged with taxes according to law.\n\nHISTORY: 1924, p. 720; 1930, p. 721; Michie Code 1942, \u00a7 6239a; 1944, p. 49;\nCode 1950, \u00a7 55-155; 1977, c. 624; 2019, c. 712, \u00a7 45.1-161.311:11; 2021, Sp.\nSess. 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}}