H. B. 2802
(By Delegates Staton, Palumbo, Hrutkay and R. Thompson)
[Introduced January 30, 2003; 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; 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 that 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 instrument based on the use of the global positioning
system 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: Provided,
That the easement or right-of-way is not invalid because of the
failure of the easement or right-of-way to meet the requirements of
this subsection.
(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 only accept for recordation any 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.
NOTE: The purpose of this bill is to provide for a legal
description in deeds creating an easement or right-of-way.
These sections are new; therefore, strike-throughs and
underscoring have been omitted.