H. B. 4153


(By Delegate Staton)

[Introduced January 24, 2002 ; referred to the

Committee on the Judiciary.]





A BILL to amend article three, chapter twenty-four of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine; and to amend article three, chapter thirty-six of said code, by adding thereto a new section, designated section five-a, all relating to the description of property required to create an easement or right-of-way by deed or other legal instrument.

Be it enacted by the Legislature of West Virginia:
That article three, chapter twenty-four 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; and that article three, chapter thirty-six of said code be amended by adding thereto a new section, designated section five-a, all to read as follows:

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.
A public utility may not acquire an easement or right-of-way unless the deed or other instrument granting or reserving the easement or right-of-way describes the property in accordance with the requirements of section five-a, article three, chapter thirty-six of this code.
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; exception for certain public utility facilities.

(a) Any deed or instrument executed on or after the effective date of this section which initially grants or reserves an easement or right-of-way shall describe the easement or right-of-way by metes and bounds, or by specification of the centerline of the easement or right-of-way, or by station and offset, or by reference to an attached drawing or plat which may not require a survey, or by source of title and reference to the most recent deed sufficient to reasonably identify and locate the easement or right-of-way on the property. The deed or instrument shall also identify the source of the property owner's title by reference to the most recent deed of record.
(b) This section does not apply to the construction of a service extension from a main distribution system of a public utility when such service extension is located entirely on, below, or above the property to which the utility service is to be provided.



NOTE: The purpose of this bill is to determine the legal description requirements in deeds creating an easement or right-of-way.

These sections are new; therefore, strike-throughs and underscoring have been omitted.