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“Co-Tenancy” Advances to the Senate Floor UnchangedUpdates and Alerts WVSORO March 1, 2018Since we wrote to you last week, the “co-tenancy” bill (HB 4268), has passed two committees unchanged and is now on the Senate floor. In other news, the Senate unanimously passed SB 360, which would change the way royalties are calculated for flat-rate leases. Unfortunately, most of the bills that were a priority for WV-SORO this legislative session are dead because they were not taken up by their assigned committees and sent to the floor in time to meet yesterday’s deadline (often referred to as Crossover Day) for bills to be out of the house of origin. MoreIssues: Eminent domain, Fence-line monitoring, Horizontal wells, Land re-union, Minerals-Royalties, Noise, Pooling “Co-Tenancy” Bill Passes House of DelegatesUpdates and Alerts WVSORO February 19, 2018On Thursday, the House of Delegates passes a the “co-tenancy” bill (HB 4268), with 60 votes for, and 40 votes against. As the bill came to the floor from the House Judiciary Committee it contained important protections for surface owners, requiring their consent for any surface disturbance whenever the co-tenancy law is used to develop the mineral tract beneath a surface owners’ land or into any neighboring mineral tract, regardless of whether the surface owner owns an interest in the mineral tract being developed. This is significant. The bill also contained protections for the non-consenting, and missing and unknown mineral owners that were not included in the introduced bill. On the floor, two other amendments were adopted that provide additional protections for these mineral owners. HB 4268 is now in the Senate where it has been assigned to the Energy, Industry, and Mining Committee, and the Judiciary Committee. MoreIssues: Eminent domain, Fracking, Horizontal wells, Land re-union, Orphaned wells, Pipelines, Pollution, Pooling, Reclamation fund Improved “Co-Tenancy” Bill Clears House Judiciary CommitteeUpdates and Alerts WVSORO February 10, 2018After yesterday's public hearing on the "co-tenancy" bill (HB 4268), the House Judiciary Committee took up and passed an improved version of the bill that, most importantly, addresses the problems we raised regarding surface use and the need to require surface owner's consent. If version of HB 4268 that came out of the House Judiciary Committee passes, if the driller uses the statute to get the right to drill into the mineral tract beneath a surface owners' land or into any neighboring mineral tract, the driller will have to get the agreement of the surface owner to locate the well pad on their surface. Requiring the surface owners consent is very important, and a significant improvement that makes it worth supporting the bill. Why? Read more here. MoreIssues: Horizontal wells, Land re-union, Leasing, Minerals-Royalties, Orphaned wells, Pooling
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