State law reference
Virginia Dormant Mineral Act
What does the Virginia Dormant Mineral Act say? Virginia lets a landowner east of the Blue Ridge sue to extinguish a mineral claim from a writing at least 35 years old that has gone unused and untaxed for 35 years; the court ends it only if no commercial minerals are shown after a six month exploration period. It is never automatic.
Official text cited Researched and checked by American Mineral Registry against the official text; review completed October 1, 2026. Reference research, not legal advice.
- Rule type
- Dormant mineral statute
- Period
- 35 years
- Ends without a surface owner step
- No
- Preservation filing
- See rule
- Forced pooling statute
- Statute found
Official text cited - Surface damages statute
- No statute found
- Deceased or unlocated owner
- Partly checked
How the rule works
Court action to extinguish old, unused, untaxed mineral claims, 35 years, lands east of the Blue Ridge only. Where a claim to coal, minerals, ore, oil or subsurface substances, or a right to enter and mine, comes from a writing 35 or more years old, and for 35 years the right has not been exercised, the claimant was never taxed on it, the surface holder paid all taxes and no deed of the claim was recorded, the law presumes no minerals exist (Va. Code 45.2-400). The landowner may sue to extinguish the claim; after at least six months for the defendant to explore, the court extinguishes it unless commercial minerals are proven (45.2-401). The rule does not reach lands west of the Blue Ridge Mountains and is never automatic.
What has to happen
The landowner brings a circuit court action naming the person who derived or reserved the claim, or successors, by name or as unknown defendants (venue under Va. Code 8.01-261(3)). The court allows at least six months from docketing for the defendant to explore. Absent satisfactory evidence of commercial minerals, the court declares the claim a cloud on title and extinguishes it; if commercial minerals are proven, the court orders them charged with taxes instead.
What counts as use or preserves the interest
Exercise of the right to explore or mine within the 35 years
The claimant having been charged with taxes on the claim or right
A deed of bargain and sale of the claim or reservation recorded in the clerk's office of the county where the land lies
Proof in the action that commercial coal, mineral, ore, oil or subsurface substance exists in or on the land
Scope
- Interests covered
- A claim to coal, minerals, ore, oil or subsurface substances, or a right to enter the land to explore, mine, bore and sink shafts for them, derived or reserved by a writing. Royalty interests and leases are not addressed by name.
- Minerals covered
- Coal, minerals, ore, oil and subsurface substances. Natural gas and coalbed methane are not named separately.
- Exceptions
Lands lying west of the Blue Ridge Mountains
Claims on which the claimant has been charged with taxes
Claims conveyed by a deed of bargain and sale recorded in the county clerk's office
Claims where the defendant proves commercial minerals exist, which are then charged with taxes rather than extinguished
- Enactment and amendments
- Enacted 1924 (Acts 1924, pp. 719 and 720), amended 1930 and 1944; Code 1950 sections 55-154 and 55-155, with 55-154 amended repeatedly from 1956 to 1984 and 55-155 in 1977; recodified 2019 (c. 712) as 45.1-161.311:9 and :11 and in 2021 (Sp. Sess. I, c. 387) as 45.2-400 and 45.2-401. Text read on LIS pages dated October 1, 2026.
Dates and what they mean
A date cannot be computed for Virginia from a last use date alone; the note below explains what the rule turns on. The rule finder shows the same explanation.
No date follows from a last use date alone. The presumption needs a 35 year old writing, 35 years without exercise, no taxes charged to the claimant, all taxes paid by the landholder and no recorded deed of the claim, and the claim ends only by court order after a six month exploration window, which commercial minerals defeat.
Deceased or unlocated owner
Partly checked What the law of Virginia says when the owner of record has died, is unknown, or cannot be found. It sets out the questions; it does not decide who owns an interest, whether a notice was valid, or whether an interest ended.
Why only partly checked. How unknown defendants are served in a 45.2-401 action was not reviewed, and the case search was not exhaustive.
Virginia's dormancy rule (Va. Code 45.2-400 and 45.2-401) works only through a landowner's court action, east of the Blue Ridge, against a mineral claim from a writing at least 35 years old that has gone unexercised and untaxed; the original claimant or his successors are sued by name so far as known or as unknown defendants. The sections read set no search, notice or publication rule. Separately, unknown or missing coal owners can be placed in a court trust that leases the coal (45.2-602 to 45.2-606), and unknown gas or oil owners in a pooled unit are deemed to lease, with their share escrowed by the Gas and Oil Board as unclaimed property (45.2-1620(D)).
- Owner of record has died
- Not addressed as such. Successors in title of the original claimant are defendants, by name so far as known or as unknown defendants (45.2-401(A)).
- Current owner unknown
- Unknown successors in title are sued as defendants unknown (45.2-401(A)). Unknown coal owners may be placed in a court trust (45.2-602); unknown pooled gas or oil owners are deemed to lease (45.2-1620(D)).
- Owner known but cannot be found
- Not addressed in 45.2-400 or 45.2-401. The coal trust covers missing owners and excludes those whose location can be ascertained (45.2-604(C)); pooling covers owners whose identity and location remain unknown (45.2-1620(D)).
How the nonuse rule treats these owners Statute
Virginia's rule is a presumption, used only in a court action, that no minerals exist under a claim from a writing at least 35 years old where the right has gone unexercised and untaxed for 35 years, east of the Blue Ridge. The provisions read do not mention death of the claimant or a pause in the 35 years.
Statute
Where the claim comes from a writing 35 or more years old and the statutory conditions are met, the law presumes no minerals exist, except west of the Blue Ridge. Va. Code 45.2-400(A)
“it shall be prima facie presumed that no coal, minerals, ore, oil, or subsurface substances exist in, on, or under such lands, except lands lying west of the Blue Ridge Mountains.”
Scope: Va. Code 45.2-400 and 45.2-401 (recodified 2021 from former 55-154 and 55-155). Applies to claims to coal, minerals, ore, oil or subsurface substances derived or reserved by a writing 35 or more years old, except lands west of the Blue Ridge Mountains.
The presumption applies only if, for 35 years or more, the right was not exercised, the claimant was never taxed on it, the surface holder paid all taxes and no deed of the claim was recorded, or if the minerals were exhausted and mining abandoned for 35 years. Va. Code 45.2-400(B)
“The provisions of subsection A shall apply only if (i) for a period of 35 years or more, such right to explore or mine has not been exercised, the person having such claim or right has never been charged with taxes thereon,”
Scope: Va. Code 45.2-400 and 45.2-401 (recodified 2021 from former 55-154 and 55-155). Applies to claims to coal, minerals, ore, oil or subsurface substances derived or reserved by a writing 35 or more years old, except lands west of the Blue Ridge Mountains.
Heirs, devisees and successors Statute
The original claimant or his successors in title must be defendants, named so far as known or sued as unknown defendants.
Statute
The original grantor or reserver of the claim, or his successors in title, must be made defendants by name so far as known, or as unknown defendants if the successors are unknown. Va. Code 45.2-401(A)
“The person by whom such claim by such writing was derived or reserved, or his successors in title, shall be made a defendant by name so far as known or as defendants unknown if such successors in title are unknown.”
Scope: Va. Code 45.2-400 and 45.2-401 (recodified 2021 from former 55-154 and 55-155). Applies to claims to coal, minerals, ore, oil or subsurface substances derived or reserved by a writing 35 or more years old, except lands west of the Blue Ridge Mountains. The section does not say how unknown defendants are served; Virginia's general order of publication statutes were not reviewed.
Search required to find the owner Not addressed in the provisions read
Sections 45.2-400 and 45.2-401 set no search standard before suing unknown successors. The separate coal trust requires a diligent effort (see special_mechanism).
Statute
The coal trust petitioner must list all known, missing and unknown owners, describe its efforts to find them and satisfy the court that a diligent effort was made. Va. Code 45.2-602(C)
“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 such interests.”
Scope: Va. Code 45.2-602 to 45.2-606 (enacted 2003, recodified 2021) apply to coal only, on petition of a coal owner or lessee holding more than a 50 percent interest in the tract of coal. The statute does not define unknown or missing owner or list records to search.
Who gets notice, and how Not addressed in the provisions read
Sections 45.2-400 and 45.2-401 do not say how defendants, known or unknown, are served; general Virginia service and order of publication statutes were not reviewed. Gas and oil pooling has its own notice rule.
Statute
A pooling hearing applicant must give notice by certified mail or commercial delivery with return receipt to each owner, and must tell the Board if an owner's identity or location is unknown. Va. Code 45.2-1618(A)
“Whenever a hearing applicant is unable to provide such written notice because the identity or location of a person to whom notice is required to be given is unknown, the hearing applicant shall promptly notify the Board of such inability.”
Scope: Va. Code 45.2-1618 and 45.2-1620, Virginia Gas and Oil Act; apply to gas and oil pooling before the Virginia Gas and Oil Board. This notice rule is for Board pooling hearings, not for the 45.2-401 extinguishment action.
Notice by publication Not addressed in the provisions read
Not addressed in 45.2-400 or 45.2-401. The coal trust requires two weeks of newspaper notice (45.2-603).
Statute
On filing a coal trust petition, the petitioner must advertise notice in a local newspaper once a week for two consecutive weeks. Va. Code 45.2-603
“Such notice shall appear in a local newspaper of general circulation at least once a week for two consecutive weeks.”
Scope: Va. Code 45.2-602 to 45.2-606 (enacted 2003, recodified 2021) apply to coal only, on petition of a coal owner or lessee holding more than a 50 percent interest in the tract of coal.
How the owner responds or preserves Statute
The defendant has at least six months from docketing to explore and can defeat extinguishment by proving commercial minerals, in which case they are taxed.
Statute
The court must allow at least six months from docketing for the defendant to explore, and the claim is extinguished unless the defendant proves commercial minerals exist. Va. Code 45.2-401(B)
“The court shall allow a period of not less than six months from the time the cause is docketed and set for hearing to elapse. During such time, the defendant may explore and discover any commercial coal, mineral, ore, oil, or subsurface substance.”
Scope: Va. Code 45.2-400 and 45.2-401 (recodified 2021 from former 55-154 and 55-155). Applies to claims to coal, minerals, ore, oil or subsurface substances derived or reserved by a writing 35 or more years old, except lands west of the Blue Ridge Mountains.
If the defendant proves commercial minerals exist, the court requires them to be taxed instead of extinguishing the claim. Va. Code 45.2-401(C)
“However, if the defendant or defendants prove that a commercial coal, mineral, ore, oil, or subsurface substance exists in or on the land, the court shall require such coal, mineral, ore, oil, or subsurface substance to be charged with taxes according to law.”
Scope: Va. Code 45.2-400 and 45.2-401 (recodified 2021 from former 55-154 and 55-155). Applies to claims to coal, minerals, ore, oil or subsurface substances derived or reserved by a writing 35 or more years old, except lands west of the Blue Ridge Mountains.
No trustee lease may cover a coal owner whose identity and location are known or can be found, and such an owner may intervene before judgment. Va. Code 45.2-604(C)
“The court shall not authorize a trustee's lease upon the coal interests of any owner whose identity and location are known, can be ascertained, or are discovered as a result of the action brought under this article.”
Scope: Va. Code 45.2-602 to 45.2-606 (enacted 2003, recodified 2021) apply to coal only, on petition of a coal owner or lessee holding more than a 50 percent interest in the tract of coal.
Court, receivership or trust for missing owners Statute
A circuit court trust for unknown or missing coal owners, leased by a trustee, with proceeds going to unclaimed property five years after first production; and, in gas and oil pooling, a deemed lease and Board escrow for unknown owners treated as unclaimed property.
Statute
A coal owner or lessee holding more than half the coal in a tract may petition the circuit court to establish a trust over the interests of unknown or missing coal owners. Va. Code 45.2-602(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”
Scope: Va. Code 45.2-602 to 45.2-606 (enacted 2003, recodified 2021) apply to coal only, on petition of a coal owner or lessee holding more than a 50 percent interest in the tract of coal.
Five years after first commercial production, coal trust proceeds are disposed of under the Virginia Disposition of Unclaimed Property Act. Va. Code 45.2-605(B)
“Five years after the date of first commercial production of the coal interests, the proceeds in the trust shall be disposed of pursuant to the Virginia Disposition of Unclaimed Property Act”
Scope: Va. Code 45.2-602 to 45.2-606 (enacted 2003, recodified 2021) apply to coal only, on petition of a coal owner or lessee holding more than a 50 percent interest in the tract of coal. The provisions read do not convey the coal itself to anyone.
A gas or oil owner still unknown at the close of a pooling hearing is deemed to have leased to the operator; the unknown owner's share goes into a Board escrow and is treated as unclaimed property. Va. Code 45.2-1620(D)
“Any gas or oil owner whose identity and location remain unknown at the conclusion of a hearing concerning the establishment of a pooling order for which public notice was given shall be deemed to have elected to lease his interest to the gas or oil operator at a rate to be established by the Board.”
Scope: Va. Code 45.2-1618 and 45.2-1620, Virginia Gas and Oil Act; apply to gas and oil pooling before the Virginia Gas and Oil Board.
What a title review must establish
- Is the land east of the Blue Ridge, and is the mineral claim from a writing at least 35 years old with no exercise, taxation or recorded deed for 35 years?
- Were the original claimant and every known successor named, and unknown successors sued as unknown defendants?
- How were unknown defendants served in the extinguishment action?
- Is any coal interest under a 45.2-604 trust, or any gas or oil interest escrowed under a pooling order as an unknown owner's share?
Dates. 45.2-400: a writing made 35 years or more prior to the institution of the action; nonuse, nontaxation and nonrecording for a period of 35 years or more. 45.2-401(B): not less than six months from the time the cause is docketed and set for hearing. 45.2-603: once a week for two consecutive weeks. 45.2-605(B): five years after the date of first commercial production of the coal interests. 45.2-1620(D): designated operator files a disbursement petition within 30 days after discovering an unknown owner. None of these provisions mentions death of the owner. The rule finder does not calculate this period.
What AMR searched. Read in full at law.lis.virginia.gov: Va. Code 45.2-400, 45.2-401, 45.2-602 to 45.2-607, 45.2-1618 and 45.2-1620; chapter 6 and chapter 16 tables of contents scanned for unknown, missing and escrow terms. Not read: 45.2-1622 to 45.2-1624 in full (coalbed methane conflicting claims escrow, scanned only), Va. Code 8.01-261, Virginia order of publication statutes (Title 8.01), the Virginia Disposition of Unclaimed Property Act, probate, partition and quiet title. Case law: one web search for Supreme Court of Virginia decisions on former 55-154 returned code pages and an unverified secondary listing (Bailey v. Spangler) that was not read; the CourtListener search API was blocked by a rate limit. A point marked not addressed means only that the provisions read do not address it; probate, quiet title and other general procedures may still apply and were not reviewed.
Not settled by this review.
How unknown defendants are served in a 45.2-401 action; the section incorporates no service rule and Title 8.01 was not reviewed.
Whether any Supreme Court of Virginia decision interprets 45.2-400 or former 55-154 on successors, heirs or notice; one web search found none that was read (Bailey v. Spangler appeared in a secondary listing and was not read).
Whether the coal trust's missing owner standard has been construed by any court.
Checked October 6, 2026. Also in the dormant mineral rule finder.
Forced pooling
Official text cited On application of any gas or oil owner, the Virginia Gas and Oil Board shall enter an order pooling all interests in a drilling unit where owners have not agreed (Va. Code 45.2-1620); unknown owners are deemed to lease at a Board set rate and their proceeds are escrowed and treated as unclaimed property. Section 45.2-1622 adds compulsory pooling with escrow where coal and gas claimants dispute coalbed methane ownership; 45.2-1617 covers voluntary pooling only.
Surface damages
No statute found No statute was found requiring oil and gas operators to compensate surface owners for surface damage. The Gas and Oil Act requires notice of permit applications to every surface owner on the tract (45.2-1632), allows surface owners limited permit objections (45.2-1637), and requires replacement of a domestic water supply harmed by a gas well within 1,320 feet (45.2-1649).
Searched: Full text of Code of Virginia Title 45.2 (law.lis.virginia.gov/vacodefull/title45.2/) searched for 'surface owner' together with 'damage' or 'compensat', no match; chapter 16 (Gas and Oil Act, 45.2-1600 to 45.2-1649) section bodies read for surface owner provisions. Full text of Title 55.1 searched for mineral, no surface damages provision.
Taxes
Broad personal income tax: yes. A nonresident is taxed on the share of income from Virginia sources, which include items attributable to the ownership of any interest in real or tangible personal property in Virginia. Official text cited Source and notes.
Severance or production tax. No state severance tax found; counties and cities may tax gas at up to 1 percent under each of three local options. Core rule cited Full record: rates, exemptions, royalty owner share and sources.
Not tax advice. Rates change and the cited source controls.
Sources for the dormant mineral rule
Each source was read on the date shown. Where an official site was not available, the official page was read through a dated Internet Archive copy and that is stated.
- Va. Code § 45.2-400(A)
“it shall be prima facie presumed that no coal, minerals, ore, oil, or subsurface substances exist in, on, or under such lands, except lands lying west of the Blue Ridge Mountains.”
- Va. Code § 45.2-400(B)
“for a period of 35 years or more, such right to explore or mine has not been exercised, the person having such claim or right has never been charged with taxes thereon, all the taxes on the land have been charged to and paid by the person holding the land”
- Va. Code § 45.2-401(B), (C)
“In the absence of satisfactory evidence to the contrary, it shall be presumed that no commercial coal, mineral, ore, oil, or subsurface substance exists in or on the land, and the court shall enter an order declaring the claim or right to be a cloud on the title and releasing the land therefrom and extinguishing such claim or right.”
- Va. Code §§ 45.2-602, 45.2-604, 45.2-605
“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 of coal to establish a trust to protect the interests of all coal owners and lessees.”
Open questions for a specialist
This review did not settle these points. They are where a Virginia title attorney or landman should look first.
No case law applying 45.2-400 and 45.2-401 or former 55-154 and 55-155 was reviewed.
Earlier versions (amended 1956 to 1984) may have used different periods or geographic exclusions; history not checked.
Whether 'oil, or subsurface substances' reaches natural gas and coalbed methane, and whether a royalty is a 'claim' under 45.2-400, is not settled by the text.
Which counties or parts of counties a court treats as lying west of the Blue Ridge was not checked.
Common questions
Can mineral rights lapse in Virginia?
Yes, but not by itself (Court action to extinguish old, unused, untaxed mineral claims, 35 years, lands east of the Blue Ridge only). In Virginia an interest ends only after the surface owner or another party takes the steps the statute requires, such as a notice or a court action, and each step, with its citation, is under How the rule works.
How long before unused mineral rights lapse in Virginia?
35 years. The claim must derive from a writing made 35 years or more before the action is filed, and for 35 years or more the right to explore or mine must not have been exercised, with no taxes ever charged to the claimant, all land taxes charged to and paid by the landholder, and no recorded deed of bargain and sale of the claim. Alternatively, the right was exercised, the minerals were exhausted, and mining or boring was abandoned for 35 years or more.
Does Virginia allow forced pooling?
Yes. Virginia has a forced pooling statute, summarized with its citation under Forced pooling above.
Does Virginia require payment for surface damage?
A search of Virginia’s official code found no surface damages statute of that kind. Leases, deeds and general law can still give the surface owner a claim.
What changed
The June 2026 edition listed Virginia as Does not lapse, lapse period none. Release 2026.10 replaced that entry with the reviewed rule above, and retired the June risk score and ranking for every state. Release 2026.10.1 added the deceased or unlocated owner section. See all changes.
Cite this page
American Mineral Registry. "Virginia Dormant Mineral Act." U.S. Mineral Rights Law Atlas, release 2026.10.1, October 6, 2026. https:// americanmineralregistry.com/ research/ states/ virginia-dormant-mineral-act
[Virginia Dormant Mineral Act](https:// americanmineralregistry.com/ research/ states/ virginia-dormant-mineral-act), U.S. Mineral Rights Law Atlas, American Mineral Registry, release 2026.10.1 (2026-10-06).
<a href="https:// americanmineralregistry.com/ research/ states/ virginia-dormant-mineral-act">Virginia Dormant Mineral Act</ a>, U.S. Mineral Rights Law Atlas, American Mineral Registry, release 2026.10.1 (2026-10-06).
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title = {Virginia Dormant Mineral Act},
howpublished = {U.S. Mineral Rights Law Atlas, release 2026.10.1},
date = {2026-10-06},
url = {https://americanmineralregistry.com/research/states/virginia-dormant-mineral-act}
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General information about statutes, not legal advice and not a title opinion. Facts about a specific interest decide the outcome. Published by American Mineral Registry, which also runs a commercial service for owners; see how the two relate.