House Bill 2264 History
H. B. 2264
(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
requiring mineral lessors to disclose to surface owners and
persons financing the purchase of the surface regarding the
impact the mineral extraction will have on the surface owner
and the value of the surface property.
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
ARTICLE 3. FORM AND EFFECT OF DEEDS AND CONTRACTS.
§36-3-8a. Mineral leases; disclosure to homeowners and lenders.
_____Prior to leasing mineral rights on or beneath real property,
the lessee shall disclose to homeowners and persons who are financing or may finance a home on the surface the impact, existing
or potential, that extraction of those minerals has, or may have,
on the homeowner's property, the mortgage or the property's value.
This impact includes, but is not limited to, the amount of the
surface to be affected, the proximity of the operations to a home,
the amount of noise to be expected, the size, including height and
area, of both temporary and permanent physical structures to be
placed or erected on the property, the use or storage of hazardous
materials or chemicals and the production or storage of waste
NOTE: The purpose of this bill is to require mineral lessors
to disclose to surface owners and persons financing the purchase of
the surface of the impact the mineral extraction will have on the
surface owner and the value of the surface property.
This section is new; therefore, it has been completely