{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-607.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-607.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-607.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-607.html"}],"law_id":72096,"edition_id":1,"section_id":72096,"structure_id":15376,"section_number":"45.2-607","catch_line":" Production of coal by majority interest owner; petition to establish trust for known coal owners","history":"2003, c. 775, \u00a7 45.1-161.311:8; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nAny coal owner or lessee who (i) has at least a two-thirds interest in the coal on a particular tract of land and (ii) seeks to extract such coal may petition the circuit court in the county or city containing the majority of the tract of coal to establish a trust for known coal owners and lessees.B\n\nThe petition shall:1\n\nDescribe the particular tract of coal at issue;2\n\nList all known owners of interests in the tract of coal; and3\n\nInclude the proposed terms of a lease to be offered to each minority owner. Such lease shall be typical of other arm’s-length leases in the area.C\n\nThe petitioner shall establish to the satisfaction of the court that a diligent effort has been made to obtain the consent of each minority owner to lease his interest in the coal. The petitioner shall demonstrate to the court that (i) the production of the coal by the petitioner’s lessee is of economic benefit to all parties; (ii) if the coal is not produced, the economic value of the coal is lost and the economic benefit of owning the coal is decreased; and (iii) there is no practical method for dividing such coal among the owners without extracting the coal.D\n\nImmediately upon filing the petition, the petitioner shall send by registered or certified mail, with a return receipt requested, notice of the petition to the party subject to the petition.E\n\nThe court may appoint a trustee and authorize the trustee to execute a lease pursuant to § 45.2-604.F\n\nThe court shall escrow or direct the trustee to escrow the proceeds of the lease attributable to each of the minority interests until such minority owner’s claim is established to the satisfaction of the court.","order_by":null,"text":{"0":{"id":259788,"text":"Any coal owner or lessee who (i) has at least a two-thirds interest in the coal on a particular tract of land and (ii) seeks to extract such coal may petition the circuit court in the county or city containing the majority of the tract of coal to establish a trust for known coal owners and lessees.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":259789,"text":"The petition shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":259790,"text":"Describe the particular tract of coal at issue;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":259791,"text":"List all known owners of interests in the tract of coal; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":259792,"text":"Include the proposed terms of a lease to be offered to each minority owner. Such lease shall be typical of other arm’s-length leases in the area.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":259793,"text":"The petitioner shall establish to the satisfaction of the court that a diligent effort has been made to obtain the consent of each minority owner to lease his interest in the coal. The petitioner shall demonstrate to the court that (i) the production of the coal by the petitioner’s lessee is of economic benefit to all parties; (ii) if the coal is not produced, the economic value of the coal is lost and the economic benefit of owning the coal is decreased; and (iii) there is no practical method for dividing such coal among the owners without extracting the coal.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":259794,"text":"Immediately upon filing the petition, the petitioner shall send by registered or certified mail, with a return receipt requested, notice of the petition to the party subject to the petition.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":259795,"text":"The court may appoint a trustee and authorize the trustee to execute a lease pursuant to § 45.2-604.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":259796,"text":"The court shall escrow or direct the trustee to escrow the proceeds of the lease attributable to each of the minority interests until such minority owner’s claim is established to the satisfaction of the court.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":15376,"edition_id":1,"name":"Trusts for Coal Interests","identifier":"2","label":"article","depth":5,"order_by":1,"parent_id":15154,"metadata":{},"date_created":"2026-06-26 03:54:26","date_modified":"2026-06-26 03:54:26","permalink":{"id":223013,"object_type":"structure","relational_id":15376,"identifier":"2","token":"45.2\/II\/A\/6\/2","url":"\/45.2\/II\/A\/6\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15154,"edition_id":1,"name":"Coal Mining Property, Interests, Adjacent Owners, and Dams","identifier":"6","label":"chapter","depth":4,"order_by":1,"parent_id":13784,"metadata":{},"date_created":"2026-06-26 03:52:34","date_modified":"2026-06-26 03:52:34","permalink":{"id":223001,"object_type":"structure","relational_id":15154,"identifier":"6","token":"45.2\/II\/A\/6","url":"\/45.2\/II\/A\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13784,"edition_id":1,"name":"Coal Mines Generally","identifier":"A","label":"part","depth":3,"order_by":1,"parent_id":12985,"metadata":{},"date_created":"2026-06-26 03:45:52","date_modified":"2026-06-26 03:45:52","permalink":{"id":222649,"object_type":"structure","relational_id":13784,"identifier":"A","token":"45.2\/II\/A","url":"\/45.2\/II\/A\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12985,"edition_id":1,"name":"Coal Mining","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":222647,"object_type":"structure","relational_id":12985,"identifier":"II","token":"45.2\/II","url":"\/45.2\/II\/","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":79067,"structure_id":15376,"section_number":"45.2-602","catch_line":" Petition to establish a trust for missing coal owners","url":"\/45.2-602\/","token":"45.2\/II\/A\/6\/2\/45.2-602","metadata":false},{"id":58553,"structure_id":15376,"section_number":"45.2-603","catch_line":" Advertisement upon filing of petition","url":"\/45.2-603\/","token":"45.2\/II\/A\/6\/2\/45.2-603","metadata":false},{"id":79463,"structure_id":15376,"section_number":"45.2-604","catch_line":" Court may declare trust; trustee sale of lease","url":"\/45.2-604\/","token":"45.2\/II\/A\/6\/2\/45.2-604","metadata":false},{"id":68365,"structure_id":15376,"section_number":"45.2-605","catch_line":" Duty of trustee; sale of lease; distribution of funds","url":"\/45.2-605\/","token":"45.2\/II\/A\/6\/2\/45.2-605","metadata":false},{"id":86073,"structure_id":15376,"section_number":"45.2-606","catch_line":" Payment of attorney fees, expenses, and court costs","url":"\/45.2-606\/","token":"45.2\/II\/A\/6\/2\/45.2-606","metadata":false},{"id":72096,"structure_id":15376,"section_number":"45.2-607","catch_line":" Production of coal by majority interest owner; petition to establish trust for known coal owners","url":"\/45.2-607\/","token":"45.2\/II\/A\/6\/2\/45.2-607","metadata":false}],"previous_section":{"id":86073,"structure_id":15376,"section_number":"45.2-606","catch_line":" Payment of attorney fees, expenses, and court costs","url":"\/45.2-606\/","token":"45.2\/II\/A\/6\/2\/45.2-606","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-607\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 775<\/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":false,"refers_to":false,"permalink":{"id":223035,"object_type":"law","relational_id":72096,"identifier":"45.2-607","token":"45.2\/II\/A\/6\/2\/45.2-607","url":"\/45.2-607\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-607\/","token":"45.2\/II\/A\/6\/2\/45.2-607","dublin_core":{"Title":" Production of coal by majority interest owner; petition to establish trust for known coal owners","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-607","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any coal owner or lessee who (i) has at least a two-thirds interest in the coal on a particular tract of land and (ii) seeks to extract such coal may petition<\/span> the circuit<\/span> court<\/span> in the county or city containing the majority of the tract of coal to establish a trust for known coal owners and lessees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The petition<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Describe the particular tract of coal at issue<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> List all known owners of interests in the tract of coal; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Include the proposed terms of a lease to be offered to each minority owner. Such lease shall be typical of other arm’s-length leases in the area. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The petitioner shall establish to the satisfaction of the court<\/span> that a diligent effort has been made to obtain the consent of each minority owner to lease his interest in the coal. The petitioner shall demonstrate to the court<\/span> that (i) the production of the coal by the petitioner’s lessee is of economic benefit to all parties; (ii) if the coal is not produced, the economic value of the coal is lost and the economic benefit of owning the coal is decreased; and (iii) there is no practical method for dividing such coal among the owners without extracting the coal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Immediately upon filing the petition<\/span>, the petitioner shall send by registered or certified mail, with a return receipt requested, notice of the petition<\/span> to the party<\/span> subject to the petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The court<\/span> may appoint a trustee and authorize the trustee to execute a lease pursuant to § 45.2-604<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The court<\/span> shall escrow or direct the trustee to escrow the proceeds of the lease attributable to each of the minority interests until such minority owner’s claim is established to the satisfaction of the court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n PRODUCTION OF COAL BY MAJORITY INTEREST OWNER; PETITION TO ESTABLISH TRUST FOR\nKNOWN COAL OWNERS (\u00a7 45.2-607)\n\nA. Any coal owner or lessee who (i) has at least a two-thirds interest in the\ncoal on a particular tract of land and (ii) seeks to extract such coal may\npetition the circuit court in the county or city containing the majority of the\ntract of coal to establish a trust for known coal owners and lessees.\n\nB. The petition shall:\n\n 1. Describe the particular tract of coal at issue;\n\n 2. List all known owners of interests in the tract of coal; and\n\n 3. Include the proposed terms of a lease to be offered to each minority owner.\n Such lease shall be typical of other arm’s-length leases in the area.\n\nC. The petitioner shall establish to the satisfaction of the court that a\ndiligent effort has been made to obtain the consent of each minority owner to\nlease his interest in the coal. The petitioner shall demonstrate to the court\nthat (i) the production of the coal by the petitioner’s lessee is of\neconomic benefit to all parties; (ii) if the coal is not produced, the economic\nvalue of the coal is lost and the economic benefit of owning the coal is\ndecreased; and (iii) there is no practical method for dividing such coal among\nthe owners without extracting the coal.\n\nD. Immediately upon filing the petition, the petitioner shall send by registered\nor certified mail, with a return receipt requested, notice of the petition to\nthe party subject to the petition.\n\nE. The court may appoint a trustee and authorize the trustee to execute a lease\npursuant to § 45.2-604.\n\nF. The court shall escrow or direct the trustee to escrow the proceeds of the\nlease attributable to each of the minority interests until such minority\nowner’s claim is established to the satisfaction of the court.\n\nHISTORY: 2003, c. 775, \u00a7 45.1-161.311:8; 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}}