§ 15-1204. Preservation of mineral interests -- In general.  


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  •    (a) Notice of intent to preserve interest -- In general. --

       (1) An owner of a mineral interest may record, at any time, a notice of intent to preserve the mineral interest or a part of a mineral interest.

       (2) A mineral interest is preserved in the county in which the notice is recorded.

    (b) Notice of intent to preserve interest -- Recordation. --

       (1) The following individuals may record a notice in accordance with subsection (a) of this section:

          (i) An owner of the mineral interest;

          (ii) Another person legally authorized to act on behalf of the owner; or

          (iii) A co-owner, for the benefit of any or all co-owners.

       (2) A notice recorded under subsection (a) of this section shall contain:

          (i) 1. The name of the owner, or co-owners, of the mineral interest; or

             2. If the identity of the owner cannot be determined, information that states that the owner cannot be determined; and

          (ii) An identification of the mineral interest or part of the mineral interest to be preserved, in accordance with subsection (c) of this section.

    (c) Identification of mineral interest. -- A mineral interest shall be identified by:

       (1) A reference to the location in the records of the instrument that creates, reserves, or otherwise evidences the interest;

       (2) The judgment or decree that confirms the mineral interest;

       (3) A legal description of the mineral interest, if accompanied by a reference to the name of the record owner under whom the owner of the mineral interest claims; or

       (4) A general reference to any or all mineral interests of the owner in any real property situated in the county, if:

          (i) A previously recorded instrument created, reserved, or otherwise evidenced the mineral interest; or

          (ii) A judgment or decree confirms the mineral interest.


HISTORY: 2010, chs. 268, 269; 2011, ch. 65.