West Virginia Code § 22-6B-6

Agreement; offer of settlement
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Unless the parties provide otherwise by written agreement, within sixty days after the oil
and gas developer received the notification of claim specified in section five of this article,
the oil and gas developer shall either make an offer of settlement to the surface owner
seeking compensation, or reject the claim. The surface owner may accept or reject any offer
so made: Provided, That the oil and gas developer may make a final offer wiethin seventy-five
days after receiving the notification of claim specified in section five of this article.

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