§ 45.2-610. Additional powers of Governor to operate seized properties
The Governor may exercise the powers and authority to possess and operate for public uses any person’s property used in the mining, production, or marketing of coal in the manner provided in this article. Code 1950, § 45-148; 1950, p. 30; 1966, c. 594, § 45.1-148; 1994, c. 28, § 45.1-161.315; 2021, Sp. Sess. I, […]
§ 45.2-611. Virginia Fuel Commission; purpose; membership; compensation; staff; powers and duties; report
A. The Virginia Fuel Commission (the Commission) may be established by the Governor as a supervisory commission in the executive branch of state government. The purpose of the Commission is to act for and on behalf of the Governor in the enforcement of the powers and duties set forth in this article. B. The Commission […]
§ 45.2-608. “Public uses” defined; mining, etc., of coal essential business; subject to seizure by Commonwealth
A. As used in this article, “public uses” means the mining, production, or marketing of coal for the purpose of providing and furnishing heat or power to the people of the Commonwealth. B. Any person engaged in the business of the mining, production, or marketing of coal, any portion of which is customarily used in […]
§ 45.2-605. Duty of trustee; sale of lease; distribution of funds
A. The trustee shall collect the proceeds from the sale of the lease and hold and invest such proceeds for the use and benefit of the unknown or missing owners. The court may authorize the trustee to expend an amount not to exceed 10 percent of the funds collected by the trustee for the purpose […]
§ 45.2-606. Payment of attorney fees, expenses, and court costs
All attorney fees, expenses, and court costs incident to the original proceedings shall be paid by the lessee if a lease is executed and by the plaintiff if for any reason no lease is executed. Subsequent to entry of judgment, all allowable attorney fees, expenses, and court costs shall be paid out of funds controlled […]
§ 45.2-607. Production of coal by majority interest owner; petition to establish trust for known coal owners
A. Any coal owner or lessee who (i) has at least a two-thirds interest in the coal on a particular tract of land and (ii) seeks to extract such coal may petition the circuit court in the county or city containing the majority of the tract of coal to establish a trust for known coal […]
§ 45.2-603. Advertisement upon filing of petition
Immediately upon filing the petition pursuant to § 45.2-602, the petitioner shall advertise a notice of the pending action, including a statement that the action is brought for the purpose of impressing a trust authorizing the execution of a valid and present coal lease for the development of a tract of coal described in the […]
§ 45.2-604. Court may declare trust; trustee sale of lease
A. If, upon presentation of a petition pursuant to § 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 […]
§ 45.2-602. Petition to establish a trust for missing coal owners
A. Any coal owner or lessee who (i) has more than a 50 percent interest in the coal on a particular tract and (ii) seeks to impress a trust upon unknown or missing owners of such tract of coal may petition the circuit court in the county or city containing the majority of the tract […]
§ 45.2-601. Adjacent owner to be permitted to survey mine; proceedings to compel entry for survey
A. The owner, tenant, or occupant of any land or coal on or in which a mine is opened and worked, or his agent, shall permit any person interested in or having title to any land or mineral rights coterminal with that in which such mine is located to have ingress and egress with surveyors […]