preservation easements. (a) Subject to the requirements and conditions of subsection (b) of this section, 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 under §8A-12-1 et seq. of this code or §20-20-1 et seq. of this code; (2) Donate a conservation or preservation easement under §8A-1u2-1 et seq. of this code or §20-20-1 et seq. of this code; or (3) Amend a conservation or preservation easement created prior to the decedent's death under §8A-12-1 et seq. of this code or §20-20-1 et seq. aof this code and recorded on the decedent's real property as may be permitted by applicable law and the conservation or preservation easement. l (b) The personal representative, trustee, administrator, or executor shall ensure that the sale, donation, amendment, or transfer, ofi 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 §20-12-8a 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 easeme nt; and (3) The sale, donation, transfer, or amendment must meet one of the following conditions: (A) WIn the case of an administrator of a decedent's intestate estate, all heirs with interests in the real estate affected provide written consent which shall be recorded with the easement; or (B) In the case of a personal representative or executor of a decedent's testate estate, or the trustee of a trust, the will, trust, or other governing instrument authorizes or directs the personal representative, executor, or trustee to sell or donate a conservation or preservation easement; or (C) The sale, donation, transfer, or amendment of the conservation or preservation easement is authorized pursuant to a legal proceeding in a court of law with jurisdiction over the property.
‹ Prev All West Virginia sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.