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Senate Bill 424 History
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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 424
(Senators Unger and Yoder, original sponsors)
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[Passed April 8, 2005; in effect ninety days from passage.]
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AN ACT 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, trustee, administrator or executor
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
follows:
ARTICLE 1. PERSONAL REPRESENTATIVES.
§44-1-29. Authority of personal representative concerning
conservation and preservation easements.
(a) A personal representative, trustee, administrator or
executor of a decedent or a decedent's estate is hereby granted the authority to:
(1) Sell a conservation or preservation easement created prior
to the decedent's death
under article twelve, chapter eight-a of
this code or article twelve, chapter twenty of this code;
(2) Donate a conservation or preservation easement created
prior to the decedent's death
under article twelve, chapter eight-a
of this code or article twelve, chapter twenty of this code;
(3) Amend a conservation or preservation easement created
prior to the decedent's death under article twelve, chapter eight-a
of this code or article twelve, chapter twenty of this code and
recorded on the decedent's real property 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;
(4) Execute a deed of conservation or preservation easement
and related documents when decedent's application to establish and
convey an easement was approved by a holder during the nine-month
period preceding the date of decedent's death, but the deed of
conservation or preservation easement and related documents were
not signed by the decedent before his or her death: Provided, That
before executing these documents, the personal representative,
trustee or executor complies with the provisions of subsection (b)
of this section; or
(5) Execute a deed of conservation or preservation easement
and related documents when decedent's application to establish and
convey an easement was submitted to a holder before decedent's
death but is approved by a holder after the decedent's death: Provided, That before executing these documents, the personal
representative, trustee, administrator or executor complies with
the provisions of subsection (b) of this section.
(b) The personal representative, trustee, administrator or
executor shall ensure that the sale, donation, amendment or
transfer of a conservation or preservation easement complies with
the following:
(1) The proposed sale, donation, transfer or amendment
satisfies the requirements set forth in the provisions of article
twelve, chapter eight-a of this code or article twelve, chapter
twenty of this code, as applicable to the particular easement;
(2) The proposed sale, donation, transfer or amendment is to
a qualified conservation organization or holder and the
organization or holder agrees to accept the conservation or
preservation easement; and
(3) The sale, donation, transfer or amendment meets one of the
following conditions:
(A) All heirs, beneficiaries and devisees with interests in
the real estate affected provide written consent; or
(B) The will or other testamentary instrument directs the
personal representative, trustee or executor to sell or donate the
conservation or preservation easement; or
(C) At the time of the decedent's death, the decedent had a
pending application for a sale or donation of a conservation or
preservation easement and such conservation or preservation
easement was in process of settlement.