Yuhasz v. Black Watch/Black Diamond Coal Corp.

By Judge Nicholas E. Persin

The Court sustains the Demurrer filed by the Defendants in this case. The Defendants’ reliance upon the case of Chosar Corp. v. Owens, 235 Va. 660 (1988), in the opinion of this Court is controlling. In Chosar, supra, at p. 665, the Supreme Court stated:

Significantly, however, courts had no authority to partition mineral rights until 1964. In that year, the General Assembly amended the predecessor to Code § 8.01-81 to permit the partition of mineral rights “east of the Blue Ridge mountains.” Acts 1964, c. 167. Subsequently, the General Assembly again amended that…