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SENATE CONCURRENT RESOLUTION NO. 41
(By Senators Wooton, Burnette, Rowe, Snyder and Facemyer)

[Originating in the Committee on the Judiciary; reported February 28, 2002.]

Requesting the Joint Committee on Government and Finance conduct an interim study on creating a joint mineral owners trust and mineral conservation act.

Whereas, The ownership of many tracts of minerals in West Virginia is divided into fractional interests among several owners; and

Whereas, These fractional mineral interests are frequently small and the issue of leasing the mineral interest is complex and often discourages the participation of owners of small fractional mineral interests from participating with other joint owners in the leasing of mineral interests; and

Whereas, The joint mineral owners may have disagreements about the terms of a proposed mineral lease delaying execution of a lease and development of the minerals which may result in the diminution in their value; and

Whereas, The remedy of petitioning the circuit court to partition a mineral tract among joint owners is frequently impractical due to the uncertainties about the actual value and distribution of minerals in a given tract; therefore, be it

Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to conduct an interim study on the creation of a joint mineral owners trust and mineral conservation act; and, be it

Further Resolved, That the Joint Committee on Government and Finance consult with mineral owners; professional coal, oil and gas landmen; attorneys experienced in mineral title and transactional issues; coal, oil and gas producers; and environmental groups in developing findings, conclusions and recommendations; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2003, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.