COMMITTEE SUBSTITUTE

FOR

H. B. 4153

(By Delegate Staton)


(Originating in the Committee on the Judiciary)


[January 30, 2002]


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; providing that a description of the easement be filed with the deed or other instrument executing the easement; excludes specified easements and right-of ways from this requirement; and exempts certain documents from survey and certification filing requirements.

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.
(c) The clerk of the county commission of any county in which an easement or right-of-way is recorded pursuant to this section shall accept for recordation any drawing, plat or other document that complies with this section and that otherwise complies with the requirements of article one, chapter thirty-nine of this code, without need for a survey or certification under section twelve, article thirteen-a, chapter thirty of this code.