Chapter 37B, Chapter 37B

This article shall be known as the Cotenancy Modernization and Majority Protection Act.

It is declared to be the public policy of this state and in the public interest to: (1) Foster, encourage and promote exploration for and development, production, and conservation of oil, natural gas and their constituents; (2) Prohibit waste of oil, natural gas, and their consti…

As used in this article: “Consenting Cotenant” means a tenant in common, joint tenant, or parcener having an interest in the mineral property who consents in writing to a lawful use of the mineral property through a bona fide lease made in an arms-length transaction. “Nonconsenti…

(a) If an operator or owner makes or has made reasonable efforts to negotiate with all royalty owners in an oil or natural gas mineral property and royalty owners vested with at least three fourths of the right to develop, operate, and produce oil, natural gas, or their constitue…

Nonconsenting cotenants who elect to receive a production royalty pursuant to §37B-1-4(b)(1) of this code and unknown or unlocatable interest owners shall have no liability for bodily injury, property damage, warranty of title, or environmental claims, arising out of site prepara…

(a) When any tract of mineral property where an interest in the oil or natural gas in place is owned by a nonconsenting cotenant is used or developed pursuant to §37B-1-4 of this code, in no event shall drilling be initiated upon, or other surface disturbance occur, without the s…

The provisions of this article are severable and accordingly, if any part of this article is adjudged to be unconstitutional or invalid, that determination does not affect the continuing validity of the remaining provisions of this article.

This article shall be known and may be cited as the “Unknown and Unlocatable Interest Owners Act.”

The provisions of this article shall be read in conjunction and not in conflict with the provisions of the West Virginia Uniform Unclaimed Property Act in §36-8-1 et seq. of this code.

Terms used in this article shall have the meanings as provided in §36-8-1 et seq. and §37B-1-1 et seq. of this code. In addition, as used in this article: “Reserved interests” means all amounts payable for the use, development, extraction, production or sale of minerals due for a…

(a) The holder shall make a report to the administrator each calendar quarter concerning each reserved interest for each unknown or unlocatable interest owner and shall concurrently remit the amount reserved to the administrator. The quarterly report and remittances shall be subm…

(a) The Unknown and Unlocatable Interest Owners Fund is created in the State Treasury as a special revenue and interest-bearing account to be administered by the State Treasurer for the purposes prescribed in this article. (b) The administrator shall deposit all moneys received p…

(a) The administrator shall credit the amount of interest earned to each owner’s account and shall pay the interest earned when a claim is paid on that account. (b) In no event shall the administrator be required to pay the owner any income or gain realized or accruing on the acc…

On or before July 1, 2018, the administrator shall promulgate emergency legislative rules in accordance with the provisions of §29A-3-15 of this code. The administrator shall propose legislative rules for promulgation in accordance with the requirements of the Secretary of State …

The provisions of this article are severable and accordingly, if any part of this article is adjudged to be unconstitutional or invalid, that determination does not affect the continuing validity of the remaining provisions of this article.

This article shall take effect on July 1, 2018.

This article is known and may be cited as the Coal Co-tenancy Modernization and Miners Protection Act.

The Legislature finds that it is the public policy of this state and in the public interest to: (1) Promote the safe and efficient mining, extraction, and production of coal in this state; (2) Protect the health and safety of coal miners; (3) Prohibit the waste of coal; (4) Encou…

As used in this article, the following words and phrases have the meanings ascribed to them. "Coal" means a sedimentary deposit composed predominantly of carbon that is readily combustible and includes, but is not limited to, anthracite, bituminous, semi-bituminous, subbituminous…

(a) An operator’s mining, use, or development of the coal estate is permissible, is not waste, and is not trespass if: (1) The operator has made reasonable efforts to negotiate with all known, locatable owners of coal land; and (2) At least three fourths of the undivided interest…

A nonconsenting co-tenant including, but not limited to, any unknown or unlocatable interest owner: (1) Is not liable for any bodily injury, property damage, warranty of title, or environmental claim arising out of site preparation, coal extraction, maintenance, reclamation, or a…

(a) It is the intent of the Legislature in enacting this article to leave unchanged the common law of this state as it relates to a coal owner’s right to use the land surface for extracting coal. (b) This article does not modify the obligations imposed by §22-3-1 et seq. of this …

This article is and may be cited as the Unknown and Unlocatable Coal Interest Owners Act.

The provisions of this article shall be read and applied in conjunction with and not in conflict with the provisions of the West Virginia Uniform Unclaimed Property Act in §36-8-1 et seq. of this code.

As used in this article: Terms and phrases have the meanings provided in §36-8-1 et seq. and §37B-3-1 et seq. of this code; "Fund" means the Unknown and Unlocatable Coal Interest Owners Fund created in §37B-4-5 of this article; and "Reserved interests" means all amounts payable f…

(a) A holder shall: (1) Make a report to the administrator each calendar quarter concerning reserved interests for each unknown or unlocatable interest owner; (2) Concurrently with the report required by subdivision (1) of this subsection, remit to the administrator the amount of…

(a) The Unknown and Unlocatable Coal Interest Owners Fund is created in the State Treasury as a special revenue and interest-bearing account to be administered by the State Treasurer for the purposes prescribed in this article. (b) The administrator shall deposit all moneys recei…

(a) The administrator shall credit the amount of interest earned to each owner’s account and shall pay the interest earned when a claim is paid on that account. (b) This section does not entitle an owner to interest on property that did not realize or accrue income or gain while …

(a) The administrator shall propose rules for legislative approval pursuant to §29A-3-1 et seq. of this code to implement the provisions of this article. (b) The Legislature finds that an emergency exists and, therefore, on or before September 1, 2026, the administrator shall pro…