WEST virginia Legislature

2016 regular session

Introduced

Senate Bill 556

By Senator Walters

[Introduced February 8, 2016;
Referred to the Committee on the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-12-9, relating to providing owner of conservation easement be given the right of first refusal to purchase the land upon which it enjoys a conservation easement when a landowner intends to sell land upon which the easement exists.

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 §20-12-9, to read as follows:

ARTICLE 12. CONSERVATION AND PRESERVATION EASEMENTS.

§20-12-9. Right of first refusal to purchase land upon which a conservation easement exists.

Notwithstanding any provision of law to the contrary, the owner of a conservation easement shall be given the right of first refusal to purchase the land upon which the easement exists, in the event the owner of the real property upon which the easement lies, intends to sell all or part of the real property surrounding the easement, including the property upon which the easement lies.

NOTE: The purpose of this bill is to provide the owner of a conservation easement be given the right of first refusal to purchase land upon which it holds the easement when a landowner intends to sell land upon which the easement exists.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.