32 Pa. Stat. § 5059

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 5059 - Coal interests not affected and notice of mineral interests required
(a) Coal rights preserved.-- Nothing in this act limits, expands, modifies or preempts the rights, powers, duties and liabilities of operators or other persons under the act of May 31, 1945 (P.L. 1198, No. 418), known as the Surface Mining Conservation and Reclamation Act, or the act of April 27, 1966 (1st Sp.Sess., P.L. 31, No. 1), known as The Bituminous Mine Subsidence and Land Conservation Act. This act does not limit or restrict any coal mining activity which was permitted or for which an application for permit was filed prior to the recording of a conservation easement under this act.
(b) Prohibited action.-- The existence of a conservation easement on contiguous property may not serve as the sole grounds for designation of areas unsuitable for mining pursuant to section 4.5 of the Surface Mining Conservation and Reclamation Act.
(c) Easements of necessity.--Nothing in this act shall be construed to limit the exercise of rights created by easements of necessity or inherent in the ownership of property contiguous to the property burdened by the easement or of coal interests which have been severed from the ownership of the property burdened by the easement.
(d) Notice of coal interests.--A conservation easement affecting real property containing workable coal seams or from which an interest in coal has been severed may not be recorded or effective unless the grantor or donor of the easement signs a statement printed on the instrument creating the conservation easement stating that the easement may impair the development of such coal interest. This statement must be printed in no less than 12-point type and must be preceded by the word "Notice" printed in no less than 24-point type.

32 P.S. § 5059

2001, June 22, P.L. 390, No. 29, § 9, imd. effective.