                                 CODE OF VIRGINIA

 PRESUMPTION REGARDING USE OF UNDERGROUND SPACE (§ 45.2-402)

A. Except as otherwise provided in the deed by which the owner of minerals
derives title, the owner of minerals shall be presumed to be the owner of the
shell, container chamber, passage, or space opened underground for the removal
of the minerals, with full right to haul and transport minerals from other lands
and to pass people, materials, equipment, water, and air through such space. No
injunction shall lie to prohibit the use of any such shell, container chamber,
passage, or space opened underground by the owner of minerals for any such
purpose. The provisions of this subsection shall not affect any contractual
obligation or agreement entered into prior to July 1, 1981.

B. Notwithstanding the provisions of subsection A, with respect to the coal
mineral estate, unless expressly excepted by the instrument creating the mineral
ownership or lease interest, the owner or, if leased, the lessee of the coal
mineral estate or its successor, assign, sublessee, or affiliate retains the
right to any coal remaining in place after the removal of surrounding coal, as
well as the right to use the shell, container chamber, passage, space, or void
opened underground that was created by the removal of the coal.

   1. Any such shell, container chamber, passage, space, or void opened
   underground that is within the boundaries of a mine permit issued under this
   title may be used consistent with state and federal regulations for any
   activity related to removal of coal from any lands for which a permit to mine
   coal has been approved, and no injunction shall lie to prohibit such use.

   2. Any such shell, container chamber, passage, space, or void opened
   underground that is located in a sealed mine for which a mining permit no
   longer exists may be used consistent with state and federal regulations for
   any activity related to removal of coal from any lands for which a permit to
   mine coal has been approved only with the consent of the owner of such shell,
   container chamber, passage, space, or void. Such consent shall not be
   unreasonably withheld if the owner has been offered reasonable compensation
   for such use. In determining whether an offer of compensation is reasonable, a
   court shall be guided by the compensation set forth in other leases for the
   use of mine voids as is customary in the area.

C. No provision of subdivision B 1 or 2 shall (i) affect any provision contained
in any contract in effect as of July 1, 2012, expressly prohibiting the use of
any shell, container chamber, passage, space, or void opened underground that
was created by the removal of the coal; (ii) alter any contract entered into
prior to July 1, 2012, that provides for the payment of compensation from the
lessee to the lessor expressly for the use of any shell, container chamber,
passage, space, or void opened underground that was created by the removal of
the coal; or (iii) have any bearing on or application to any determination of
ownership rights in natural gas or coalbed methane.

HISTORY: 1981, c. 291, § 55-154.2; 2012, c. 695; 2019, c. 712, §
45.1-161.311:10; 2021, Sp. Sess. I, c. 387.