The Senate Environmental Resources and Energy Committee will hold a public hearing March 19  on Senate Bill 258 (Yaw-R-Bradford) to help landowners address antiquated title problems related to subsurface ownership, according to Sen. Gene Yaw, Majority Chair of the Committee.

Senate Bill 258 would amend the current Action to Quiet Title law in Pennsylvania providing landowners with a means to address antiquated title deficiencies, which in some cases have been in existence for as long as 150 years.

In the event that the rights are unclear or unknown, Senate Bill 258 provides for a 'rebuttable presumption' that the mineral, oil and gas rights have been abandoned in favor of a surface owner, thus allowing the surface owner a starting point in seeking legal title.

The rebuttable presumption language does not change the fact that the plaintiff landowner still must prove their case, in court, by a preponderance of the evidence, just as the plaintiff is required to do today.

The hearing will be in Hearing Room 1 of the North Office Building, Harrisburg starting at 9:30.

Because of time constraints, there will not be an opportunity for a public comment period. However, written testimony will be accepted by the committee. The public can also submit comments at at Sen. Yaw’s website  following the hearing.

Click Here to listen to statement from Sen. Yaw about the legislation.

Sen. John Yudichak (D-Luzerne) serves as Minority Chair of the Committee.

3/18/2013