MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Energy; Judiciary A

By: Representative Arnold

House Bill 698

AN ACT TO PROVIDE THAT WHEN A SURFACE OWNER CONDUCTS A SEARCH OF LAND RECORDS AND DETERMINES THAT THERE IS NO DEED OR INSTRUMENT OF CONVEYANCE OF MINERAL RIGHTS DURING A CERTAIN TIME FRAME, THEN SUCH SURFACE OWNER SHALL BE THE OWNER OF THE MINERAL RIGHTS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  From and after July 1, 2015, if any surface owner conducts a search of land records and the search goes back for a period of forty (40) years from the date the surface owner conducts such search and the surface owner finds no deed or instrument of conveyance of mineral rights within the land records, then the surface owner shall own the mineral rights and shall make his or her claim as provided under subsection (2) of this section.

     (2)  Upon a surface owner's determining there is no deed or instrument of conveyance of mineral rights, as prescribed under this section, the surface owner shall record his or her interest in the mineral rights with the clerk of the chancery court where such interest is located and shall make such claim as otherwise required by law.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2015.