§55-4-14a. When proof required of location of reservations or
exceptions contained in instruments of title.
In any action, suit or other judicial proceeding involving the
title to land embraced in the exterior boundaries of any patent,
deed, or other writing, which reserves or accepts one or more
parcels of land from the operation of such patent, deed or other
writing, if there be no claim made by a party to the proceedings
that the land in controversy, or any part thereof, lies within such
reservation or exception, such patent, deed, or other writing,
shall be construed, and shall have the same effect, as if it
contained no such reservation or exception; and if any party to
such proceeding claims that the land in controversy, or any part
thereof, lies within such reservation or exception, the burden
shall be upon him to prove the fact, and all land not shown by a
preponderance of the evidence to lie within such reservation or
exception shall be deemed to lie without the same.
This section shall apply in cases involving the right to the
proceeds of any such land when condemned or sold, as well as in
cases where the title to land is directly involved, and shall apply
in any case in which the title to any part of the land, or its
proceeds, but for this section, would or might be in the state.
Note: WV Code updated with legislation passed through the 2012 1st Special Session