SB 686
Coal Co-tenancy Modernization and Miners Protection Act
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill, the Coal Co-tenancy Modernization and Miners Protection Act, aims to update the laws surrounding coal ownership and development in West Virginia. It establishes an exception to ‘waste’ and ‘trespass’ rules for coal estates where all co-tenants consent to mining operations. The bill also creates a fund to ensure that non-consenting co-tenants receive a share of the production royalties, and provides a mechanism for locating and compensating unknown or unlocatable coal interest owners.
Key provisions
- Establishes an exception to ‘waste’ and ‘trespass’ for coal estates where all co-tenants consent to mining.
- Requires nonconsenting co-tenants to receive a pro rata share of production royalties.
- Provides a process for determining leasehold terms and contractual provisions.
- Allows surface owners to acquire certain severed coal interests.
- Limits liability for nonconsenting co-tenants.
- Requires quarterly reporting and remittance of reserved interests to the State Treasurer.
Who is affected
- Coal operators
- Coal landowners
- Surface landowners
- Coal miners
- State Treasurer’s Office
Notable changes
- Provides a mechanism for surface owners to claim ownership of coal interests after a seven-year period.
- Clarifies the definition of ‘waste’ in the context of coal development.
- Establishes a process for determining royalty payments to non-consenting co-tenants.
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