HB 2802 — Uniform Partition of Heirs Property Act

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Red = new code to be enacted WEST virginia legislature regular session ENGROSSED Committee Substitute for House Bill 2802 By Delegates J.

(b) InIf ana actionparcel toof partition real property underhas §37-4-1been etsevered seq.into a surface estate and a mineral estate and either, but not both, of the severed estates meets the definition of “heirs property,” this article applies only to the estate that meets the definition.

of this code, the court shall first determine whether the property is heirs property as that term is defined in §37-16-2 of this code.  (c) IfThis the court determines the property is heirs property, the property must be partitioned under this article unlessdoes allnot ofapply theto cotenants otherwise agree in a record or unless one of the exceptionspartition in §37-16-3(f) or §37-16-3(g) of thissevered codecoal appliesestates. to the property.

The(d) courtThis mayarticle alsodoes not apply provisionsto the partition of §37-4-1severed etoil seq.or natural gas estates if:

of this code that are not inconsistent with this article.

(d) If the court determines that the property is not heirs property, or if one of the exceptions in §37-16-3(f) or §37-16-3(g) of this code applies to the property, the partition action will be governed under §37-4-1 et seq.

of this code.

(e) If a parcel of real property has been severed into a surface estate and a mineral estate and either, but not both, of the severed estates meets the definition of “heirs property,” this article applies only to the estate that meets the definition.

(f) This article does not apply to the partition of severed coal estates.

(g) This article does not apply to the partition of severed oil or natural gas estates if:

of this code for the development, operation and production of oil, natural gas, or their constituents and the plaintiff in the partition action has made reasonable, good faith efforts to locate and negotiate with all oil or natural gas royalty owner cotenants, but has been unable, despite reasonable, good faith efforts, including the delivery in writing of its final lease offer and the passage of 45 days, to obtain consent to the proposed oil and natural gas development from all royalty owner cotenants;

 (e) (h)In Anyan interestaction into oil or natural gas which is covered by a valid oil or natural gas lease, which was negotiated through reasonable, good faith efforts, shall not be sold or transferred in a partition byreal saleproperty under this article or under §37-4-1 et seq.

of this code, the court shall determine whether the property is heirs property.  If the court determines that the property is heirs property, the property must be partitioned under this article unless all of the cotenants otherwise agree in a record.

(f) This article supplements §37-4-1 et seq.

of this code, and, if an action is governed by this article, replaces provisions of §37-4-1 et seq.

of this code, that are inconsistent with this article.

(g) Any interest in oil or natural gas which is covered by a valid oil or natural gas lease, which was negotiated through reasonable, good faith efforts, shall not be sold or transferred in a partition by sale under this article or under §37-4-1 et seq.

(a)If Thethe court,court inappoints its discretion, may appoint commissioners pursuant to make§37-4-1 anet assessmentseq. of partition alternatives under §37-16-8 of this code.

(b) If the court appoints commissioners pursuant to §37-16-5(a) of this code, each commissionercommissioner, mustin beaddition disinterestedto andthe impartialrequirements and notdisqualifications aapplicable party to orcommissioners a participant in the§37-4-1 action.et seq.

(c) If the court appoints commissioners under §37-16-5(a) of this code, the commissioners must considerbe alldisinterested ofand theimpartial factorsand innot §37-16-9a ofparty thisto codeor ina evaluatingparticipant whether partition in kind would result in substantial prejudice to the cotenantsaction. as a group.

The commissioners must file a report with the court that provides an assessment of whether partition in kind would result in substantial prejudice to the cotenants as a group and this assessment must be supported by sufficient facts.