Read the full stored bill text
24LSO-0152
2024
STATE OF WYOMING
24LSO-0152
Numbered
2.0
SENATE FILE NO. SF0043
Pore space-severances and separate conveyances prohibited.
Sponsored by: Joint Minerals, Business & Economic Development Interim Committee
A BILL
for
AN ACT relating to property; specifying that ownership interests in pore space shall not be severed and separately conveyed as specified; making conforming amendments; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 34
‑
1
‑
152(b), (g) and (h) is amended to read:
34
‑
1
‑
152.
Ownership of pore space underlying surfaces.
(b)
A conveyance of the surface ownership of real property shall be a conveyance of the pore space in all strata below the surface of such real property unless
, before July 1, 2024,
the ownership interest in such pore space
previously
has been severed from the surface ownership or is explicitly excluded in the conveyance.
The ownership of pore space in strata
that was severed from the surface ownership before July 1, 2024
may be conveyed in the manner provided by law for the transfer of mineral interests in real property.
No agreement conveying mineral or other interests underlying the surface shall act to convey ownership of any pore space in the stratum unless the agreement explicitly conveys that ownership interest.
On and after July 1, 2024, ownership interests in pore space shall not be separately conveyed or severed from the surface ownership of real property.
(g)
Transfers of pore space rights made
after
between
July 1, 2008
and June 30, 2024
are null and void at the option of the owner of the surface estate if the transfer instrument does not contain a specific description of the location of the pore space being transferred.
The description may include but is not limited to a subsurface geologic or seismic survey or a metes and bounds description of the surface lying over the transferred pore space.
In the event a description of the surface is used, the transfer shall be deemed to include pore space at all depths underlying the described surface area unless specifically excluded.
The validity of pore space rights under this subsection shall not affect the respective liabilities of any party and such liabilities shall operate in the same manner as if the pore space transfer were valid.
(h)
Nothing in this section shall alter, amend, diminish or invalidate rights to
:
(i)
T
he use of subsurface pore space that were acquired by contract or lease prior to July 1, 2008
;
(ii)
Separately convey, purchase, manage or transfer an ownership interest of pore space that was severed from the surface ownership or separately conveyed in accordance with this section before July 1, 2024
.
Section 2
.
Nothing in this act shall be construed to impair, alter or affect any contract or conveyance of an ownership interest in pore space entered into or executed before July 1, 2024.
Section 3
.
This act is effective July 1, 2024
.
(END)
1
SF0043