2013 Kentucky Revised Statutes CHAPTER 353 - MINERAL CONSERVATION AND DEVELOPMENT 353.466 Persons to be joined as defendants -- Verified petition showing effort to locate owners -- Advertisement and lis pendens notice, contents -- Trustee ad litem.
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353.466 Persons to be joined as defendants -- Verified petition showing effort
to locate owners -- Advertisement and lis pendens notice, contents -Trustee ad litem.
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The person seeking to impress a trust upon a severed mineral interest for the
purpose of leasing and developing same shall join as defendants to the action
all those persons having record title thereto who are unknown or missing and
the unknown heirs, successors and assigns of all such persons. The persons
named as defendants and who are the unknown or missing owners as defined
herein, shall stand for and represent the full title and the whole interest of the
unknown or missing owners in the severed mineral interest or estate or interest
therein. All parties not in being who might have some contingent or future
interest therein, and all persons whether in being or not in being, having any
interest, present, future or contingent, in the severed mineral interests sought
to be leased, shall be fully bound by the proceedings hereunder.
There shall be filed a verified petition specifically setting forth the efforts to
locate and identify the unknown or missing owners of the interests to be leased
and such other information known to the petitioner which might be helpful in
identifying or locating the present owners thereof. There shall be attached to
the petition as an exhibit thereto a certified copy of the instrument creating the
original severance and such additional instruments as are necessary to show
the vesting of title to the minerals in the last record owner thereof. The
petitioner shall establish to the satisfaction of the court that a diligent effort has
been made to identify and locate the present owners of said interests.
Service of process shall be as provided by the Kentucky Rules of Civil
Procedure and there shall be filed a lis pendens notice in the county clerk's
office of the county wherein the mineral estate or the larger portion thereof lies.
Immediately upon the filing of the petition, the petitioner shall advertise as
provided in KRS Chapter 424. Both the advertisement and the lis pendens
notice shall contain the names of all of the parties and their last known
addresses, the date and recording data of the original deed or other
conveyance which created the mineral severance, an adequate description of
the land as contained therein, the source of title of the last known owners of the
severed mineral interests and a statement that the action is brought for the
purpose of impressing a trust authorizing the execution and delivery of a valid
and present mineral lease for development of the particular minerals described
in the petition. The court, in its discretion, may order advertisement elsewhere
or by additional means if there is reason to believe that additional
advertisement might result in identifying and locating the unknown or missing
owners.
The court shall appoint a trustee ad litem, who shall be a licensed, practicing
attorney, to represent the unknown or missing owners and their unknown heirs,
successors and assigns. The trustee ad litem shall review the petition and file
an answer and such other pleadings as are necessary and proper to represent
fairly the interest of the unknown or missing owners. It shall be the duty of the
trustee ad litem to make an independent inquiry and search for the purpose of
identifying and locating the unknown or missing owners and he shall report to
the court the results of the investigation. The court shall allow the trustee ad
litem a reasonable fee for his services to be taxed as costs.
Effective:July 15, 1982
History: Created 1982 Ky. Acts ch. 165, sec. 4, effective July 15, 1982.
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