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Introduced Version House Bill 4636 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 4636


(By Delegate Paxton (By Request))

[Introduced February 23, 2000; referred to the

Committee on the Judiciary.]





A BILL to amend article seven, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine, relating to requiring that instruments creating rights-of-way or easements for the production or distribution of natural gas shall specify the exact dimensions and indicate the location on the grantor's property; otherwise, the right-of-way or easement shall be considered to have a width of twenty-four feet.

Be it enacted by the Legislature of West Virginia:
That article seven, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section nine, to read as follows:
ARTICLE 7. OIL AND GAS PRODUCTION DAMAGE COMPENSATION.

§22-7-9. Requirement for documents creating rights-of-way.

Notwithstanding any other provision of law to the contrary, all documents creating any right-of-way or easement for the production or distribution of natural gas shall specify within it the total size of the right-of-way or easement in square footage, clearly indicating each dimension and where the right-of-way or easement lies on the grantor's property, and in the absence of those specifics, it shall be considered that the parties intended that the right-of-way or easement have a width of twenty-four feet.



NOTE: The purpose of this bill is to require that any document which creates a right-of-way or easement for the production or distribution of natural gas must specify the exact dimensions and location on the grantor's property or it will be considered that the parties intended the easement to have a width of twenty-four feet.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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