ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 424
(By Senators Unger and Yoder)
____________
[Originating in the Committee on the Judiciary;
reported March 25, 2005.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §44-1-29, relating to
the authority of personal representatives with regard to
conservation or preservation easements; and providing that a
personal representative may sell, donate or amend conservation
or preservation easements under certain conditions.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §44-1-29, to read as
follow:
ARTICLE 1. PERSONAL REPRESENTATIVES.
§44-1-29. Authority of personal representative concerning
conservation and preservation easements.
(a) A personal representative, trustee or executor is hereby
granted the authority to:
(a) (1) Sell a conservation or preservation easement
created
under article twelve, chapter eight-a of this code or article
twelve, chapter twenty of this code prior to the decedent's death;
(b) (2) Donate a conservation or preservation easement
created
under article twelve, chapter eight-a of this code or article
twelve, chapter twenty of this code prior to the decedent's death;
or,
(c) (3) Amend a conservation or preservation easement
created
under article twelve, chapter eight-a of this code or article
twelve, chapter twenty of this code prior to the decedent's death
and recorded on real property of their decedents and settlers in
order to obtain the benefit of the estate tax exclusion allowed
under §2031(c)of the United States Internal Revenue Code of 1986,
as amended.
(4) Execute a deed of conservation or preservation easement
and related documents when decedent's application to establish and
convey an easement was approved by a holder during the nine month
period preceding the date of decedent's death but the deed of
conservation or preservation easement and related documents were
not signed by the decedent before his or her death: Provided, That
before executing these documents the personal representative,
trustee or executor complies with the provisions of subsection (b)
of this section.
(5) Execute a deed of conservation or preservation easement
and related documents when decedent's application to establish and
convey an easement was submitted to a holder before decedent's death but is approved by a holder after the decedent's death:
Provided, That before executing these documents the personal
representative, trustee or executor complies with the provisions of
subsection (b) of this section.
(b) The personal representative
, trustee or executor shall
ensure that the sale, donation or amendment complies with the
following:
(a) (1) The sale or donation satisfies the requirements set
forth in the provisions of article twelve, chapter eight-a
, or
article twelve, chapter twenty of this code
whichever is applicable
to the particular easement;
(b) (2) A proposed donation is to a qualified conservation
organization or holder and the organization or holder agrees to
accept the conservation or preservation easement;
(c) (3) The sale or donation meets one of the following
conditions:
(1) (A) All heirs, beneficiaries and devisees with interests
in the real estate affected provide written consent; or
(2) (B) The will or other testamentary instrument directs the
personal representative to sell or donate the conservation or
preservation easement; or
(3) (C) The decedent has a current application for a sale or
donation of a conservation or preservation easement and such
conservation or preservation easement is in process of settlement.