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.