HB4268 SFA Romano 3-2 #2

Baker 7816

Senator Romano moved to amend the bill on page nine, section four, line nine, after the word “subsection”, by striking out “(d)” and inserting in lieu thereof “(e)”;

On page nine, section four, line eleven, after the word “subsection”, by striking out “(d)” and inserting in lieu thereof “(e)”;

On page ten, section four, after line thirty-five, by inserting a new subsection, designated subsection (d), to read as follows:

(d) Any nonconsenting cotenant with five percent of the total gross mineral interest or more may demand that the question of whether the selection pursuant to subsection (b) of this section provides just and reasonable compensation, be ascertained by a jury, in which case a jury of twelve citizens shall be selected and impaneled for the purpose, as juries are selected in civil actions. The matter may be filed within thirty days of the latest day the selection pursuant to subsection (b) of this section is made or is deemed to have been made. The cause shall be tried as other causes in the circuit court, except that any member of the oil and gas conservation commission may not be examined as a witness. In the event a demand is made by a party in interest, and the judge deems it reasonably necessary to fairly resolve the matter, the jury shall be taken to view the property, and in such case, the judge presiding at the trial shall go with the jury and shall control the proceedings. All parties have a right to appeal from the jury’s decision to the Supreme Court of Appeals of West Virginia.;

And,

By relettering the remaining subsections.

Adopted

Rejected