H. B. 4166


(By Delegate Staton)

[Introduced January 26, 2000; referred to the

Committee on the Judiciary.]





A BILL to amend article three, chapter thirty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five-a; and to amend article three, chapter twenty-four of said code, by adding thereto a new section, designated section nine, all relating to the description of property required to create an easement or right-of-way by deed.

Be it enacted by the Legislature of West Virginia:
That article three, chapter thirty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section five- a; and that article three, chapter twenty-four of said code, be amended by adding thereto a new section, designated section nine, all to read as follows:
CHAPTER 36. ESTATES AND PROPERTY.



ARTICLE 3. FORM AND EFFECT OF DEEDS AND CONTRACTS.
§36-3-5a.
Easement and right-of-way; description of property in deed.

A deed initially granting an easement or right-of-way must contain a certain and definite property description either in metes and bounds or by reference to an attached plat or by source of title and reference to the most recent deed such that it will serve to identify and locate the easement or right-of-way on the property.
CHAPTER 24. PUBLIC SERVICE COMMISSION.

ARTICLE 3. DUTIES AND PRIVILEGES OF PUBLIC UTILITIES SUBJECT TO REGULATIONS OF COMMISSION.
§ 24-3-9. Easement and right-of-way.
No public utility shall acquire an easement or right-of-way unless the deed creating the reservation or exception describes the property in accordance with the requirements of section five- a, article three, chapter thirty-six of this code.


NOTE: The purpose of this bill is to require a definite property description in deeds creating easements and right-of- way.

Chapter 36, article 3, section 5a and Chapter 24, article 3, section 9 are new; therefore, underscoring and strike-throughs have been omitted.