Introduced Version
House Bill 2263 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2263
(By Delegates Manypenny, Rowan and Fleischauer)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §36-3-8a, relating to
permitting surface owners to receive a two percent royalty for
minerals extracted below the surface of their property; and
permitting a two percent royalty for certain surface owners.
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 §36-3-8a, to read as
follows:
ARTICLE 3. FORM AND EFFECT OF DEEDS AND CONTRACTS.
§36-3-8a. Royalty rate for surface owners for mineral
__________________________extraction.
_____Surface owners without mineral rights in the subsurface strata
of their property shall receive a two percent royalty rate for all minerals extracted from or beneath their property. Surface owners
who have a horizontal well on their property shall receive a two
percent royalty rate for all minerals extracted from that well that
do not lie beneath their property. These amounts are in addition
to any other compensation that may be due those property owners.
NOTE: The purpose of this bill is to compensate surface
owners when minerals are extracted from the substrata below their
property. The bill also grants
surface owners who have a
horizontal well on their property to receive a two percent royalty
rate for all minerals extracted from that well that do not lie
beneath their property. Those property owners shall receive a two
percent royalty for minerals extracted below the surface of their
property.
This section is new; therefore, it has been completely
underscored.