The West Virginia Surface Use Agreement is a legal document that governs the utilization and management of the surface area on privately owned land or mineral rights in the state of West Virginia. This agreement is crucial when there is an arrangement between the landowner and an entity that wants to extract or explore for minerals, gas, oil, or any other subsurface materials. The Surface Use Agreement in West Virginia outlines the rights, obligations, and responsibilities of both the landowner and the entity seeking access to the surface land. It serves to protect the rights of the landowner while allowing the extraction company to develop the mineral resources present beneath the surface. Key provisions covered within the West Virginia Surface Use Agreement include: 1. Compensation and Royalties: This section discusses the financial aspects of the agreement, determining how much the landowner will receive as compensation for the use of their surface land and any royalties they are entitled to from the extracted resources. 2. Surface Access and Usage: This part outlines the specific areas of the surface land that the extraction company is permitted to access, constructing infrastructure such as roads, well pads, pipelines, and storage facilities. It also defines the procedures for site reclamation and restoration post-extraction. 3. Environmental and Safety Regulations: The agreement ensures that the extraction company adheres to local, state, and federal laws regarding environmental protection, particularly concerning the disposal of waste, water management, and control of air emissions. It may also include provisions related to safety measures for workers and nearby residents. 4. Indemnification and Liability: This section establishes the responsibilities and liabilities of both parties, clarifying who will bear the costs in case of accidents, damages, or pollution resulting from exploration or extraction activities. There might be different variations or additional clauses to the standard West Virginia Surface Use Agreement, depending on the specific circumstances, resources being extracted, and the negotiating power of the parties involved. These variations may include agreements related to groundwater usage, access and compensation for other natural resources like timber or coal, restrictions on surface activity near residential areas or farms, and preference for hiring local labor, among others. In summary, the West Virginia Surface Use Agreement is a legally binding document used to formalize the terms and conditions under which private surface land can be accessed and utilized for mineral extraction or exploration purposes. It safeguards the rights of landowners while ensuring compliance with environmental and safety regulations.
West Virginia Surface Use Agreement
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The first $20,000 of assessed value of owner-occupied residential property owned by a person age 65 or older or by a person who is permanently and totally disabled is exempt.
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