Title to Land: Ejectment; State Ownership Public Lands: Pennsylvania; Ownership Dispute

摘要

In August 2009, IDC files a quite title action relating to certain mineral rights. Several private parties respond to the complaint. Shortly thereafter the Pennsylvania Game Commission and Treasury Department seek to intervene and have the quiet title action dismissed on subject matter jurisdiction grounds. There is no dispute that the Game Commission owns the surface estate above the disputed mineral estate. The Game Commission's claim of ownership is based on the theory that the deed to the surface also included the grantor's remainder and reversion interests which the Commission asserts includes the mineral estate. The Treasury Department's claim is based on the Unclaimed Property Act since the parties who severed the surface and mineral estate died many years ago and their respective wills did not purport to transfer the mineral estate. Under 71 P.S. § 337, the Board of Property has exclusive jurisdiction to resolve title claims asserted by the Commonwealth. On that basis the trial court grants the Commonwealth's motion to dismiss the quiet title action for lack of subject matter jurisdiction. Held: affirmed. Upon transfer to the Commonwealth Court, the private defendants concede that the Game Commission's claim to the mineral estate gives exclusive jurisdiction to the Board of Property to resolve the title dispute. IDC, however, continues to prosecute the appeal arguing that the Game Commission was not sued and was not required to be sued in its original quiet title action.