KRS § 353.466 — KY Code / Title XXVIII / Chapter 353 / Section 353.466
353.466 Persons to be joined as defendants -- Verified petition showing effort to locate owners -- Advertisement and lis pendens notice, contents -- Trustee ad litem
Status: in_force

353.466 Persons to be joined as defendants -- Verified petition showing effort to

locate owners -- Advertisement and lis pendens notice, contents -- Trustee ad

litem.

(1) The person seeking to impress a trust upon a severed mineral interest for the

purpose of leasing and developing same shall join as defendants to the action all

those persons having record title thereto who are unknown or missing and the

unknown heirs, successors and assigns of all such persons. The persons named as

defendants and who are the unknown or missing owners as defined herein, shall

stand for and represent the full title and the whole interest of the unknown or

missing owners in the severed mineral interest or estate or interest therein. All

parties not in being who might have some contingent or future interest therein, and

all persons whether in being or not in being, having any interest, present, future or

contingent, in the severed mineral interests sought to be leased, shall be fully bound

by the proceedings hereunder.

(2) There shall be filed a verified petition specifically setting forth the efforts to locate

and identify the unknown or missing owners of the interests to be leased and such

other information known to the petitioner which might be helpful in identifying or

locating the present owners thereof. There shall be attached to the petition as an

exhibit thereto a certified copy of the instrument creating the original severance and

such additional instruments as are necessary to show the vesting of title to the

minerals in the last record owner thereof. The petitioner shall establish to the

satisfaction of the court that a diligent effort has been made to identify and locate

the present owners of said interests.

(3) Service of process shall be as provided by the Kentucky Rules of Civil Procedure

and there shall be filed a lis pendens notice in the county clerk's office of the county

wherein the mineral estate or the larger portion thereof lies. Immediately upon the

filing of the petition, the petitioner shall advertise as provided in KRS Chapter 424.

Both the advertisement and the lis pendens notice shall contain the names of all of

the parties and their last known addresses, the date and recording data of the

original deed or other conveyance which created the mineral severance, an adequate

description of the land as contained therein, the source of title of the last known

owners of the severed mineral interests and a statement that the action is brought for

the purpose of impressing a trust authorizing the execution and delivery of a valid

and present mineral lease for development of the particular minerals described in

the petition. The court, in its discretion, may order advertisement elsewhere or by

additional means if there is reason to believe that additional advertisement might

result in identifying and locating the unknown or missing owners.

(4) The court shall appoint a trustee ad litem, who shall be a licensed, practicing

attorney, to represent the unknown or missing owners and their unknown heirs,

successors and assigns. The trustee ad litem shall review the petition and file an

answer and such other pleadings as are necessary and proper to represent fairly the

interest of the unknown or missing owners. It shall be the duty of the trustee ad

litem to make an independent inquiry and search for the purpose of identifying and

locating the unknown or missing owners and he shall report to the court the results

of the investigation. The court shall allow the trustee ad litem a reasonable fee for

his services to be taxed as costs.