Property conveyances; broadens statutory for ownership of space opened underground by coal removal. (HB1988)

Introduced By

Del. Terry Kilgore (R-Gate City)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Property conveyances; mineral mining; ownership of underground void.  Broadens the existing statutory provision for ownership of the space opened underground by the removal of minerals and coal. The ownership of the space would, unless expressly reserved by the landowner, run with the mineral estate whether such estate is owned or leased, or created before or after 1981. In the event that the mineral estate terminates, the ownership interest of the mineral owner or mineral lessee in the space shall continue upon payment of an annual rental in the amount of $5 per acre to the current estate owner. The provision has no effect on the determination of ownership rights in coalbed methane. Read the Bill »


02/21/2011: Failed to Pass in Committee


01/11/2011Prefiled and ordered printed; offered 01/12/11 11102476D
01/11/2011Referred to Committee for Courts of Justice
01/17/2011Assigned Courts sub: #2 Civil
01/26/2011Impact statement from DPB (HB1988)
01/31/2011Referred from Courts of Justice
01/31/2011Referred to Committee on Agriculture, Chesapeake and Natural Resources
02/02/2011Reported from Agriculture, Chesapeake and Natural Resources with substitute (14-Y 8-N) (see vote tally)
02/02/2011Committee substitute printed 11104302D-H1
02/02/2011Substitute bill reprinted 11104302D-H1
02/03/2011Read first time
02/04/2011Impact statement from DPB (HB1988H1)
02/04/2011Passed by for the day
02/06/2011Passed by for the day
02/07/2011Read second time
02/07/2011Committee substitute agreed to 11104302D-H1
02/07/2011Engrossed by House - committee substitute HB1988H1
02/08/2011Read third time and passed House (58-Y 40-N 1-A)
02/08/2011VOTE: PASSAGE (58-Y 40-N 1-A) (see vote tally)
02/09/2011Constitutional reading dispensed
02/09/2011Referred to Committee on Agriculture, Conservation and Natural Resources
02/21/2011Passed by indefinitely in Agriculture, Conservation and Natural Resources (15-Y 0-N) (see vote tally)


Cicero and Judy McKinney writes:

This bill should not be passed. It will be detrimental to the people who live in the coalfield counties. If the owners of the coal are allowed to use these voids from mining as they want, then they can put slug from the Power Plants and from Mountaintop Removal and trash and garbage from any and all states, as well as anything else, in these voids, chambers, shells, etc. If anything is put in these areas, it will affect the groundwater, which will poison the people and animals living on the land. These contaminants could also get into the source of water (dams, etc.) that are used for public drinking water. Those people who live in area's where they do not have and can not get public water will have their water source destroyed. This will affect both the people and animals living on the property. The Senate Agriculture Committee should reject and not approve this bill.