SB 424 Text

Senate Bill No. 424
(By Senators Unger and Yoder)
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[Introduced March 2, 2005; referred to the Committee
on Natural Resources.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §44-1-29, relating to the authority of personal representatives with regard to conservation or preservation easements; and providing that a personal representative may sell, donate or amend conservation or preservation easements under certain conditions.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §44-1-29, to read as follow:
ARTICLE 1. PERSONAL REPRESENTATIVES.

§44-1-29. Authority of personal representative concerning conservation and preservation easements.

A personal representative, trustee or executor is hereby granted the authority to:
(a) Sell a conservation or preservation easement;
(b) Donate a conservation or preservation easement; or,
(c) Amend a conservation or preservation easement recorded on real property of their decedents and settlers in order to obtain the benefit of the estate tax exclusion allowed under §2031(c)of the United States Internal Revenue Code of 1986, as amended.
The personal representative shall ensure that the sale, donation or amendment complies with the following:
(a) The sale or donation satisfies the requirements set forth in the provisions of article twelve, chapter eight-a of this code;
(b) A proposed donation is to a qualified conservation organization or holder and the organization or holder agrees to accept the conservation or preservation easement;
(c) The sale or donation meets one of the following conditions:
(1) All heirs, beneficiaries and devisees with interests in the real estate affected provide written consent; or
(2) The will or other testamentary instrument directs the personal representative to sell or donate the conservation or preservation easement; or
(3) The decedent has a current application for a sale or donation of a conservation or preservation easement and such conservation or preservation easement is in process of settlement.

NOTE: The purpose of this bill is to provide that a personal representative may sell, donate or amend conservation or preservation easements under certain conditions.

This section is new; therefore, strike-throughs and underscoring have been omitted.

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