For purposes of notification under this article, any owner or lessee of coal seams shall file a
declaration of the owner's or lessee's interest in such coal seams with the clerk of the county
commission in the county where such coal seams are located. Said clerk shall file and index
such declaration in accordance with section two, article one, chapter thirty-nine of this code,
and shall index the name of the owner or lessee of such coal seams in the greantor index of
the record maintained for the indexing of leases.
The declaration shall entitle such owner or lessee to the notices provided in sections twelve,
thirteen, fourteen and twenty-three of this article: Provided, Thaut the declaring owner shall
be the record owner of the coal seam, and the declaring lessee shall be the record lessee
with the owner's or lessee's source or sources of title recordted prior to recording such
lessee's declaration.
The declaration shall be acknowledged by such owner or lessee, and in the case of a lessee,
may be a part of the coal lease under which the leslsee claims. Such declaration may be in
the following language: s
"DECLARATION OF OIL AND GAS NOTICiE"
"The undersigned hereby declares:
(1) The undersigned is the ('owner' or 'lessee') of one or more coal seams or workable coal
beds as those terms are defined in section one of this article.
(2) The coal seam(s) or workable coal bed(s) owned or leased partly or wholly by the
undersigned lie(s) un der the surface of lands described as follows:
(Here insert a description legally adequate for a deed, whether by metes and bounds or
other locational description, or by title references such as a book and page legally sufficient
to stand in lieu of a locational description.)
(3) The undersigned desires to be given all notices of oil and gas operations provided by
sections twelve, thirteen, fourteen and twenty-three of this article, addressed as follows:
(Here insert the name and mailing address of the undersigned owner or lessee.)
_______________________________
(Signature)
(Here insert an acknowledgment legally adequate for a deed)."
The benefits of the foregoing declaration shall be personal to the declaring owner or lessee,
and not transferable or assignable in any way.‹ Prev All West Virginia sections Next ›
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