55-155 - Suits to extinguish certain claims. - Virginia Statutes

§ 55-155. Suits to extinguish certain claims.

The owner or owners of the land subject to such claim or right separately orjointly may bring a suit in equity praying for the extinguishment of suchclaim or right, to which suit shall be made party defendant the person bywhom such claim by such writing was derived or reserved, or his successors intitle, by name so far as known, and as defendants unknown, so far as suchsuccessors in title are unknown. The venue for such a suit shall be asspecified in subdivision 3 of § 8.01-261. The court shall allow a period ofnot less than six months from the time the cause is docketed and set forhearing to elapse within which time the defendant may explore and discovercommercial minerals, coals, oils, ores or subsurface substances, if any, andin the absence of satisfactory evidence to the contrary, it shall be presumedthat there are no commercial minerals, coals, oils, ores or subsurfacesubstances in or on the land, and the court shall enter a decree declaringthe claim or right to be a cloud on the title and releasing the landtherefrom and extinguishing the same; but if the defendant or defendantsshall thereupon prove that there are commercial minerals, coals, oils, oresor subsurface substances in or on the land, the court shall require suchminerals, coals, oils, ores or subsurface substances to be charged with taxesaccording to law.

(1924, p. 720; 1930, p. 721; Michie Code 1942, § 6239a; 1944, p. 49; 1977, c.624.)