2005 Connecticut Code - Sec. 47-33q. Dormant Mineral Interests Act: Termination of dormant mineral interest.
Sec. 47-33q. Dormant Mineral Interests Act: Termination of dormant mineral interest. (a) The owner of the fee simple title to any real property subject to a
dormant mineral interest in any other person or entity may maintain an action to terminate
such dormant mineral interest. A mineral interest is dormant for the purpose of sections
47-33m to 47-33t, inclusive, if the interest is unused within the meaning of subsection
(c) of this section for a period of twenty years immediately preceding commencement
of the action. The action shall be brought in the manner of and requires the same notice
as an action to quiet title to real property under sections 47-31 to 47-33, inclusive, and
may be maintained whether the owner of the mineral interest or the whereabouts of the
owner is known or unknown. No disability or lack of knowledge of any kind on the part
of any person suspends the running of the twenty-year period. If the court finds that the
mineral interest described in the complaint is unused within the meaning of subsection
(c) of this section for twenty or more years preceding the commencement of the action,
it shall enter a decree declaring the dormant mineral interest to be extinguished and
(c) Any of the following actions taken in relation to any mineral interest constitutes use of that mineral interest for the purpose of this section if the action was taken by or under authority of the owner of the mineral interest:
(1) Production, geophysical exploration, exploratory or developmental drilling, mining, exploitation, development or other active mineral operations on or below the surface of real property which is subject to a mineral interest. Injection of substances for purposes of disposal or storage is not an active mineral operation within the meaning of this subdivision. Active mineral operations constitute use of any mineral interest owned by any person in any mineral that is the object of the operations.
(2) Payment of taxes on a separate property tax assessment of the mineral interest or on a mineral transfer or severance tax relating to the mineral interest.
(3) Recordation of an instrument that transfers, leases, conveys, assigns or divides a mineral interest, or creates a security interest or lien against such mineral interest, including an instrument that evidences a transfer of the title to such mineral interest, such as a probate certificate of distribution or devise.
(4) Recordation of an instrument for the purpose of preserving and keeping effective a mineral interest in accordance with section 47-33r.
(5) Recordation of a certified copy of a judgment or decree which makes specific reference to the mineral interest, provided such judgment makes reference to or includes a legal description of the fee estate which is subject to the mineral interest and the names of all record owners of such fee estate and is indexed by the town clerk in the grantor index in the names of all such record owners of the fee estate.
(P.A. 87-283, S. 5.)
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