The bill amends existing West Virginia law regarding the mining, extraction, or production of coal, specifically addressing the rights and responsibilities of co-tenants in a coal estate. It establishes that if at least three-fourths of the undivided interest owners consent to the lawful use or development of the coal estate, such actions will not be considered waste or trespass. Nonconsenting co-tenants are entitled to receive a production royalty, and the bill outlines a process for reporting and remitting interests of unknown or unlocatable owners. Additionally, it creates the Unknown and Unlocatable Coal Interest Owners Fund, which will be administered by the State Treasurer to manage claims and interests related to these owners.

The legislation also includes provisions for the limitations of liability for nonconsenting co-tenants, ensuring they are not liable for damages arising from coal extraction operations, except for intentional acts. It preserves the common law rights concerning the relationship between surface and coal estates and mandates that certain provisions be read in conjunction with the West Virginia Uniform Unclaimed Property Act. The bill aims to promote safe and efficient coal production while protecting the rights of all parties involved, including surface owners and coal interest owners.

Statutes affected:
Introduced Version: 37-7-2, 37D-1-1, 37D-1-2, 37D-1-3, 37D-1-4, 37D-1-5, 37D-1-6, 37D-2-1, 37D-2-2, 37D-2-3, 37D-2-4, 37D-2-5, 37D-2-6, 37D-2-7
Committee Substitute: 37-7-2, 37D-1-1, 37D-1-2, 37D-1-3, 37D-1-4, 37D-1-5, 37D-1-6, 37D-2-1, 37D-2-2, 37D-2-3, 37D-2-4, 37D-2-5, 37D-2-6, 37D-2-7
Committee Substitute for the Committee Substitute: 37-7-2, 37D-1-1, 37D-1-2, 37D-1-3, 37D-1-4, 37D-1-5, 37D-1-6, 37D-2-1, 37D-2-2, 37D-2-3, 37D-2-4, 37D-2-5, 37D-2-6, 37D-2-7
Enrolled Version: 37-7-2, 37B-3-1, 37B-3-2, 37B-3-3, 37B-3-4, 37B-3-5, 37B-3-6, 37B-4-1, 37B-4-2, 37B-4-3, 37B-4-4, 37B-4-5, 37B-4-6, 37B-4-7