                                 CODE OF VIRGINIA

 COURT MAY DECLARE TRUST; TRUSTEE SALE OF LEASE (§ 45.2-604)

A. If, upon presentation of a petition pursuant to &#xA7; 45.2-602 to the
circuit court in the county or city containing the majority of the tract of
coal, it appears to the court that development of the interests in such tract of
coal will be advantageous to the unknown or missing owners, the court shall
declare a trust in the coal interests and appoint a trustee for such interests.
The court shall authorize the trustee to execute a lease covering the coal
interests in the identified tract of coal. The order of the court shall provide
for all the terms and provisions of the lease that the trustee is authorized to
make.

B. The trustee shall proceed in compliance with the provisions of the order to
execute the lease and after executing the lease shall submit a report thereof to
the court.

C. The court shall not authorize a trustee&#8217;s lease upon the coal interests
of any owner whose identity and location are known, can be ascertained, or are
discovered as a result of the action brought under this article. Any such owner
may intervene as a matter of right at any time prior to the judgment approving
the trustee&#8217;s lease for the purpose of establishing his title to the coal
interests. If such coal owner&#8217;s claim is established to the satisfaction
of the court, the court shall dismiss the action at the plaintiff&#8217;s cost.

HISTORY: 2003, c. 775, § 45.1-161.311:5; 2021, Sp. Sess. I, c. 387.