                                 CODE OF VIRGINIA

 PRESUMPTION THAT NO COAL, MINERALS, ORE, OR OIL EXISTS IN CERTAIN LANDS (§
45.2-400)

A. 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 &#xA7;
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. 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&#8217;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.

HISTORY: 1924, p. 719; 1930, p. 721; Michie Code 1942, § 6239a; 1944, p. 48;
Code 1950, § 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, § 45.1-161.311:9; 2021, Sp. Sess. I, c. 387.