West Virginia Code § 55-12A-2

Definitions
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As used in this article, the following definitions shall apply:
(1) "Abandoning owner" means any person, vested with title to any interest in minerals, who
is proved to have abandoned the interest, that is, to have relinquished any right to possess
or enjoy the interest with the expressed intention of terminating ownership of the interest,
but without vesting the ownership in any other person.
(2) "Development of the minerals" or "mineral development" means (a) mining coal by any
method, or (b) drilling for and producing oil or gas by conventionual techniques, or by
enhanced recovery by injection of fluids of any kind into the producing formation, or (c)
utilization of a gas-bearing formation as an underground gas storage reservoir within the
meaning of article nine, chapter twenty-two of this code, or (d) production of other minerals
by any method.
(3) "Interest in minerals" means any interest, real olr personal, in coal, oil, gas or any other
mineral, for which interest the property taxess are not delinquent as of the date of the filing
of a petition under this article.
(4) "Surface owner" means any person vested with any interest in fee in the surface estate
overlying the particular minerals sought to be developed under this article. A surface
owner's rights under this article shall be subject to any deed of trust or other security
instrument, lien, surface lease, easement or other nonpossessory interest in the surface
owned by any other person; but such persons other than the surface owner shall have no
right to notice and no standing to appear and be heard hereunder.
(5) "Unknown or mis sing owner" means any person, vested with title to any interest in
minerals, whoVse present identity or location cannot be determined from the records of the
clerk of the county commission, the sheriff, the assessor and the clerk of the circuit court in
the county in which the interest is located or by diligent inquiry in the vicinity of the owner's
last known place of residence, and shall include such owner's heirs, successors and assigns
not known to be alive.

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