PART 3.  PARTITION OF LAND AND ITS EFFECT ON

MINERAL RIGHTS

§178.  When land burdened by mineral right may be judicially partitioned in kind

If land burdened by a mineral right or rights created by fewer than all of the co-owners of the land is judicially partitioned, a partition in kind may not be ordered unless it can be accomplished in such fashion that the allocation of tracts to the co-owners assures that both surface and mineral values of each tract are in the same proportion to the total value of the surface and the mineral rights respectively as each co-owner's interest bears to the whole of the surface and mineral rights respectively and that partition in kind will not significantly impair the ability of any owner subject to the partition to develop the minerals on his own tract.  

Acts 1974, No. 50, §178, eff. Jan. 1, 1975.  Amended by Acts 1982, No. 780, §1.