
H. B. 4166
(By Delegate Staton)
[Introduced January 26, 2000; referred to the
Committee on the Judiciary.]
A BILL to amend article three, chapter thirty-six of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
five-a; and to amend article three, chapter twenty-four of
said code, by adding thereto a new section, designated
section nine, all relating to the description of property
required to create an easement or right-of-way by deed.
Be it enacted by the Legislature of West Virginia:
That article three, chapter thirty-six of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section five-
a; and that article three, chapter twenty-four of said code, be
amended by adding thereto a new section, designated section nine, all to read as follows:
CHAPTER 36. ESTATES AND PROPERTY.
ARTICLE 3. FORM AND EFFECT OF DEEDS AND CONTRACTS.
§36-3-5a.Easement and right-of-way; description of property
in deed.
A deed initially granting an easement or right-of-way must
contain a certain and definite property description either in
metes and bounds or by reference to an attached plat or by source
of title and reference to the most recent deed such that it will
serve to identify and locate the easement or right-of-way on the
property.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
ARTICLE 3. DUTIES AND PRIVILEGES OF PUBLIC UTILITIES SUBJECT TO
REGULATIONS OF COMMISSION.
§ 24-3-9. Easement and right-of-way.
No public utility shall acquire an easement or right-of-way
unless the deed creating the reservation or exception describes
the property in accordance with the requirements of section five-
a, article three, chapter thirty-six of this code.
NOTE: The purpose of this bill is to require a definite
property description in deeds creating easements and right-of-
way.
Chapter 36, article 3, section 5a and Chapter 24, article 3,
section 9 are new; therefore, underscoring and strike-throughs
have been omitted.