Sec. 47-33r. Dormant Mineral Interests Act: Preservation of mineral interest by notice.
Sec. 47-33r. Dormant Mineral Interests Act: Preservation of mineral interest
by notice. (a) Any person claiming any kind of mineral interest may preserve and keep
effective that interest by recording a notice of intent to preserve the mineral interest or
a part thereof. The mineral interest is preserved in each town in which the notice is
recorded. A mineral interest is not dormant for the purposes of sections 47-33m to 47-33t, inclusive, if a notice in accordance with this section is recorded within twenty years
immediately preceding commencement of an action to terminate the mineral interest,
or pursuant to subsection (b) of section 47-33q after commencement of the action. Such
notice may be recorded by the owner of the mineral interest or by any other person
acting on behalf of any owner of such interest who is: (1) Under a disability, (2) unable
to assert a claim with respect to the mineral interest on his own behalf or (3) one of a
class whose identity cannot be established or is uncertain at the time of recording such
notice.
(b) The notice may be executed by or on behalf of a co-owner for the benefit of any
or all co-owners or on behalf of the owner for the benefit of any or all persons claiming
under the owner or persons under whom the owner claims.
(c) To be effective and to be entitled to recordation, the notice referred to in section
47-33q shall contain the following:
(1) An accurate and full description of all land affected by the notice, which description shall be set forth in particular terms, and not by general inclusions; but, if the mineral
interest asserted under section 47-33q is founded upon a recorded instrument which
creates, reserves or evidences the mineral interest, the description of the land affected
by the notice may be the same as the description of the land subject to the mineral interest
as contained in that recorded instrument.
(2) The then owner or owners of record of the fee simple interest of the land described in and affected by the notice.
(3) A full and complete description of the mineral interest which is claimed.
(4) A reference to any recorded instrument or instruments which created, reserved
or otherwise evidenced the mineral interest, stating the names of the parties to each such
instrument, the date of each such instrument and the volume and page of the land records
where the instrument is recorded. If the mineral interest claimed was not created by or
reserved in or evidenced by a recorded instrument, the basis of the claimant's title in
the mineral interest described in the notice shall be set forth with particularity.
(P.A. 87-283, S. 6.)