HOUSE CONCURRENT RESOLUTION NO. 84
(By Delegates Hamilton, Argento, Azinger, Brown, Burdiss,
Eldridge, Ellem, Fleischauer, Guthrie, Hrutkay, Kessler, Long,
Longstreth, Mahan, Miley, Moore, Pino, D. Poling, Proudfoot,
Rodighiero, Schadler, Shook, Tabb, Tansill and Varner)
Requesting the Joint Committee on Government and Finance study
prohibiting oil and gas drillers from "daylighting" roads and
sites except under certain conditions, and requiring oil and
gas companies to pay damages to landowners for diminution in
value of tracts of land due to unnecessary daylighting.
Whereas, "Daylighting" is the process of clearing timber and
other woody materials back from the roadway or site to allow
entrance of sunlight and wind in an attempt to accelerate the
drying of the road or site surface; and
Whereas, Oil and gas developers often unnecessarily use roads
or site locations contrary to the surface owner's desires, thereby
diminishing the total value of the entire tract of land through
daylighting; and
Whereas, Landowners should be properly compensated for damages
to any land due to the process of daylighting; and
Whereas, The Office of Oil and Gas might promulgate rules permitting daylighting with the signed consent of the landowner and
based upon scientific studies of hydrology, botanical succession,
and other relevant fields; and
Whereas, The Office of Oil and Gas might promulgate a form
describing the practice of daylighting, the surface owner's rights,
and consent language; and
Whereas, Such form might be served on landowners at the same
time a well permit application is served; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study prohibiting oil and gas drillers from
"daylighting" roads and sites except under certain conditions, and
requiring oil and gas companies to pay damages to land owners for
diminution in value of entire tracts of land due to unnecessary
daylighting; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2008, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Email
Webmaster | © 2024 West Virginia Legislature **
