reglab/housing_qa huggingface dataset:
WV Code § 22-6A-23 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6A. Natural Gas Horizontal Well Control Act|§22-6A-23. Impoundment and Pit Safety Study; Rulemaking

The secretary shall, by January 1, 2013, report to the Legislature on the safety of pits and impoundments utilized pursuant to section nine of this article including an evaluation of whether testing and special regulatory provision is needed for radioactivity or other toxins held in the pits and impoundments. Upon a finding that greater monitoring, safety and design requirements or other specialized permit conditions are necessary, the secretary shall propose for promulgation legislative rules establishing these new requirements.
WV Code § 22-6B-1 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6B. Oil and Gas Horizontal Well Production Damage Compensation|§22-6B-1. Legislative Findings and Purpose; Applicability

(a) The Legislature finds the following:(1) Exploration for and development of oil and gas reserves in this state must coexist with the use, agricultural or otherwise, of the surface of certain land and that each constitutes a right equal to the other.(2) The surface owner of lands on which horizontal wells are drilled shall be compensated for damages to the surface of the land pursuant to the provisions of this article.(b) The Legislature declares that the public policy of this state shall be that the compensation and damages provided in this article for surface owners may not be diminished by any provision in a deed, lease or other contract of conveyance entered into after December 31, 2011.(c) It is the purpose of this article to provide constitutionally permissible protection and compensation to surface owners of lands on which horizontal wells are drilled from the burden resulting from drilling operations commenced after January 1, 2012. This article is to be interpreted in the light of the legislative intent expressed herein. This article shall be interpreted to benefit surface owners, regardless of whether the oil and gas mineral estate was separated from the surface estate and regardless of who executed the document which gave the oil and gas developer the right to conduct drilling operations on the land. Section four of this article shall be interpreted to benefit all persons.(d) The provisions of this article apply to any natural gas well, other than a coalbed methane well, drilled using a horizontal drilling method, and which disturbs three acres or more of surface, excluding pipelines, gathering lines and roads or uses more than two hundred ten thousand gallons of water in any thirty-day period. Article seven of this chapter does not apply to any damages associated with the drilling of a horizontal well.
WV Code § 22-6B-2 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6B. Oil and Gas Horizontal Well Production Damage Compensation|§22-6B-2. Definitions

In this article:(1) "Drilling operations" means the actual drilling or redrilling of a horizontal well commenced subsequent to the effective date of this article, and the related preparation of the drilling site and access road, which requires entry, upon the surface estate;(2) "Horizontal drilling" means a method of drilling a well for the production of natural gas that is intended to maximize the length of wellbore that is exposed to the formation and in which the wellbore is initially vertical but is eventually curved to become horizontal, or nearly horizontal, to parallel a particular geologic formation;(3) "Horizontal well" means any well site, other than a coalbed methane well, drilled using a horizontal drilling method, and which disturbs three acres or more of surface, excluding pipelines, gathering lines and roads, or uses more than two hundred ten thousand gallons of water in any thirty-day period;(4) "Oil and gas developer" means the person who secures the drilling permit required by article six-a of this chapter;(5) "Person" means any natural person, corporation, firm, partnership, partnership association, venture, receiver, trustee, executor, administrator, guardian, fiduciary or other representative of any kind, and includes any government or any political subdivision or agency thereof;(6) "Surface estate" means an estate in or ownership of the surface of a particular tract of land overlying the oil or gas leasehold being developed; and(7) "Surface owner" means a person who owns an estate in fee in the surface of land, either solely or as a co-owner.
WV Code § 22-6B-3 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6B. Oil and Gas Horizontal Well Production Damage Compensation|§22-6B-3. Compensation of Surface Owners for Drilling Operations

(a) The oil and gas developer is obligated to pay the surface owner compensation for:(1) Lost income or expenses incurred as a result of being unable to dedicate land actually occupied by the driller's operation, or to which access is prevented by the drilling operation, to the uses to which it was dedicated prior to commencement of the activity for which a permit was obtained, measured from the date the operator enters upon the land and commences drilling operations until the date reclamation is completed;(2) The market value of crops, including timber, destroyed, damaged or prevented from reaching market;(3) Any damage to a water supply in use prior to the commencement of the permitted activity;(4) The cost of repair of personal property up to the value of replacement by personal property of like age, wear and quality; and(5) The diminution in value, if any, of the surface lands and other property after completion of the surface disturbance done pursuant to the activity for which the permit was issued determined according to the market value of the actual use made thereof by the surface owner immediately prior to the commencement of the permitted activity.The amount of damages may be determined by any formula mutually agreeable between the surface owner and the oil and gas developer.(b) Any reservation or assignment of the compensation provided in this section apart from the surface estate except to a tenant of the surface estate is prohibited.(c) In the case of surface lands owned by more than one person as tenants in common, joint tenants or other co-ownership, any claim for compensation under this article shall be for the benefit of all co-owners. The resolution of a claim for compensation provided in this article operates as a bar to the assertion of additional claims under this section arising out of the same drilling operations.
WV Code § 22-6B-4 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6B. Oil and Gas Horizontal Well Production Damage Compensation|§22-6B-4. Common Law Right of Action Preserved; Offsets

(a) Nothing in section three or elsewhere in this article diminishes in any way the common law remedies, including damages, of a surface owner or any other person against the oil and gas developer for the unreasonable, negligent or otherwise wrongful exercise of the contractual right, whether express or implied, to use the surface of the land for the benefit of the developer's mineral interest.(b) An oil and gas developer is entitled to offset compensation agreed to be paid or awarded to a surface owner under section three of this article against any damages sought by or awarded to the surface owner through the assertion of common law remedies respecting the surface land actually occupied by the same drilling operation.(c) An oil and gas developer is entitled to offset damages agreed to be paid or awarded to a surface owner through the assertion of common-law remedies against compensation sought by or awarded to the surface owner under section three of this article respecting the surface land actually occupied by the same drilling operation.
WV Code § 22-6B-5 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6B. Oil and Gas Horizontal Well Production Damage Compensation|§22-6B-5. Notification of Claim

Any surface owner, to receive compensation under section three of this article, shall notify the oil and gas developer of the damages sustained by the person within two years after the date that the oil and gas developer files notice that final reclamation is commencing under section fourteen, article six-a of this chapter. The notice of reclamation shall be given to surface owners by registered or certified mail, return receipt requested, and is complete upon mailing. If more than three tenants in common or other co-owners hold interests in the lands, the oil and gas developer may give the notice to the person described in the records of the sheriff required to be maintained pursuant to section eight, article one, chapter eleven-a of this code or publish in the county in which the well is located or to be located a Class II legal advertisement as described in section two, article three, chapter fifty-nine of this code, containing the notice and information the secretary prescribes by rule.
WV Code § 22-6B-6 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6B. Oil and Gas Horizontal Well Production Damage Compensation|§22-6B-6. Agreement; Offer of Settlement

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 within seventy-five days after receiving the notification of claim specified in section five of this article.
WV Code § 22-6B-8 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 6B. Oil and Gas Horizontal Well Production Damage Compensation|§22-6B-8. Application of Article

The remedies provided by this article do not preclude any person from seeking other remedies allowed by law.
WV Code § 22-7-2 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 7. Oil and Gas Production Damage Compensation|§22-7-2. Definitions

(a) In this article, unless the context or subject matter otherwise requires:(1) “Agricultural production” means the production of any growing grass or crop attached to the surface of the land, whether or not the grass or crop is to be sold commercially, and the production of any farm animals, whether or not the animals are to be sold commercially;(2) “Drilling operations” means the actual drilling or redrilling of an oil or gas well commenced subsequent to June 9, 1983, and the related preparation of the drilling site and access road, which requires entry, upon the surface estate;(3) “Oil and gas developer” means the person who secures the drilling permit required by article six of this chapter;(4) “Person” means any natural person, corporation, firm, partnership, partnership association, venture, receiver, trustee, executor, administrator, guardian, fiduciary or other representative of any kind, and includes any government or any political subdivision or agency thereof;(5) “Surface estate” means an estate in or ownership of the surface of a particular tract of land overlying the oil or gas leasehold being developed; and(6) “Surface owner” means a person who owns an estate in fee in the surface of land, either solely or as a coowner.
WV Code § 22-7-3 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 7. Oil and Gas Production Damage Compensation|§22-7-3. Compensation of Surface Owners for Drilling Operations

(a) The oil and gas developer shall be obligated to pay the surface owner compensation for:(1) Lost income or expenses incurred as a result of being unable to dedicate land actually occupied by the drillers operation or to which access is prevented by such drilling operation to the uses to which it was dedicated prior to commencement of the activity for which a permit was obtained measured from the date the operator enters upon the land until the date reclamation is completed, (2) the market value of crops destroyed, damaged or prevented from reaching market, (3) any damage to a water supply in use prior to the commencement of the permitted activity, (4) the cost of repair of personal property up to the value of replacement by personal property of like age, wear and quality, and (5) the diminution in value, if any, of the surface lands and other property after completion of the surface disturbance done pursuant to the activity for which the permit was issued determined according to the actual use made thereof by the surface owner immediately prior to the commencement of the permitted activity.The amount of damages may be determined by any formula mutually agreeable between the surface owner and the oil and gas developer.(b) Any reservation or assignment of the compensation provided in this section apart from the surface estate except to a tenant of the surface estate is prohibited.(c) In the case of surface lands owned by more than one person as tenants in common, joint tenants or other co-ownership, any claim for compensation under this article shall be for the benefit of all such co-owners. The resolution of a claim for compensation provided in this article shall operate as a bar to the assertion of additional claims under this section arising out of the same drilling operations.
WV Code § 22-7-4 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 7. Oil and Gas Production Damage Compensation|§22-7-4. Common Law Right of Action Preserved; Offsets

(a) Nothing in section three or elsewhere in this article shall be construed to diminish in any way the common law remedies, including damages, of a surface owner or any other person against the oil and gas developer for the unreasonable, negligent or otherwise wrongful exercise of the contractual right, whether express or implied, to use the surface of the land for the benefit of the developer's mineral interest.(b) An oil and gas developer shall be entitled to offset compensation agreed to be paid or awarded to a surface owner under section three of this article against any damages sought by or awarded to the surface owner through the assertion of common law remedies respecting the surface land actually occupied by the same drilling operation.(c) An oil and gas developer shall be entitled to offset damages agreed to be paid or awarded to a surface owner through the assertion of common-law remedies against compensation sought by or awarded to the surface owner under section three of this article respecting the surface land actually occupied by the same drilling operation.
WV Code § 22-7-5 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 7. Oil and Gas Production Damage Compensation|§22-7-5. Notification of Claim

Any surface owner, to receive compensation under section three of this article, shall notify the oil and gas developer of the damages sustained by the person within two years after the date that the oil and gas developer files notice that reclamation is commencing under section thirty, article six of this chapter. Such notice shall be given to surface owners by registered or certified mail, return receipt requested, and shall be complete upon mailing. If more than three tenants in common or other co-owners hold interests in such lands, the developer may give such notice to the person described in the records of the sheriff required to be maintained pursuant to section eight, article one, chapter eleven-a of this code or publish in the county in which the well is located or to be located a Class II legal advertisement as described in section two, article three, chapter fifty-nine of this code, containing such notice and information as the director shall prescribe by rule.
WV Code § 22-7-6 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 7. Oil and Gas Production Damage Compensation|§22-7-6. Agreement; Offer of Settlement

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.
WV Code § 22-7-8 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 7. Oil and Gas Production Damage Compensation|§22-7-8. Application of Article

The remedies provided by this article shall not preclude any person from seeking other remedies allowed by law.
WV Code § 22-8-1 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 8. Transportation of Oils|§22-8-1. Scope of Article

Every person, corporation or company now engaged, or which shall hereafter engage, in the business of transporting or storing petroleum, by means of pipeline or lines or storage by tanks, shall be subject to the provisions of this article and shall conduct such business in conformity herewith: Provided, That the provisions of this article shall be subject to all federal laws regulating interstate commerce on the same subject.
WV Code § 22-8-2 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 8. Transportation of Oils|§22-8-2. Duty of Pipeline Companies to Accept and Transport Oil

Any company heretofore or hereafter organized for the purpose of transporting petroleum or other oils or liquids by means of pipeline or lines shall be required to accept all petroleum offered to it in merchantable order in quantities of not less than two thousand gallons at the wells where the same is produced, making at its own expense all necessary connections with the tanks or receptacles containing such petroleum, and to transport and deliver the same at any delivery station, within or without the state, on the route of its line of pipes, which may be designated by the owners of the petroleum so offered.
WV Code § 22-8-3 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 8. Transportation of Oils|§22-8-3. Oil of 35 Degrees Baume at 60 Degrees Fahrenheit; Inspection, Grading and Measurement; Receipt; Deduction for Waste

All petroleum of a gravity of thirty-five degrees Baume or under, at a temperature of sixty degrees Fahrenheit, offered for transportation by means of pipeline or lines, shall, before the same is transported, as provided by section two of this article, be inspected, graded and measured at the expense of the pipeline company, and the company accepting the same for transportation shall give to the owner thereof a receipt stating therein the number of barrels or gallons so received, and the grade, gravity and measurement thereof, and within a reasonable time thereafter, upon demand of the owner or the owner's assigns, shall deliver to the owner or the owner's assigns at the point of delivery a like quantity and grade or gravity of petroleum in merchantable condition as specified in such receipt; except that the company may deduct for waste one percent of the amount of petroleum specified in such receipt.
WV Code § 22-8-4 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 8. Transportation of Oils|§22-8-4. Oil Over 35 Degrees Baume at 60 Degrees Fahrenheit; Inspection and Measurement; Loss

All petroleum of a gravity exceeding thirty-five degrees Baume, at a temperature of sixty degrees Fahrenheit, offered for transportation by means of pipeline or lines, shall be inspected and measured at the expense of the company transporting the same, before the same is transported. The company accepting the same for transportation shall give to the owner thereof, or to the person in charge of the well or wells from which such petroleum has been produced and run, a ticket signed by its gauger, stating the number of feet and inches of petroleum which were in the tank or receptacle containing the same before the company began to run the contents from such tank, and the number of feet and inches of petroleum which remained in the tank after such run was completed. All deductions made for water, sediment or the like shall be made at the time such petroleum is measured. Within a reasonable time thereafter the company shall, upon demand, deliver from the petroleum in its custody to the owner thereof, or to the owner's assignee, at such delivery station on the route of its line of pipes as the owner or the owner's assignee may elect, a quantity of merchantable petroleum, equal to the quantity of petroleum run from such tank, or receptacle, which shall be ascertained by computation; except that the company transporting such petroleum may deduct for evaporation and waste two percent of the amount of petroleum so run, as shown by such run ticket, and except that in case of loss of any petroleum while in the custody of the company caused by fire, lightning, storm or other like unavoidable cause, such loss shall be borne pro rata by all the owners of such petroleum at the time thereof. But the company shall be liable for all petroleum that is lost while in its custody by the bursting of pipes or tanks, or by leakage from pipes or tanks; and it shall also be liable for all petroleum lost from tanks at the wells produced before the same has been received for transportation, if such loss be due to faulty connections made to such tanks; and the company shall be liable for all petroleum lost by the overflow of any tanks with which pipeline connections have been made, if such overflow be due to the negligence of such company, and for all the petroleum lost by the overflow of any tanks with which pipeline connections should have been made under the provisions of this article, but were not so made by reason of negligence or delay on the part of the company.
WV Code § 22-8-5 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 8. Transportation of Oils|§22-8-5. Lien for Charges

Any company engaged in transporting or storing petroleum shall have a lien upon such petroleum until all charges for transporting and storing the same are paid.
WV Code § 22-8-6 (2021)
2021 West Virginia Code|Chapter 22. Environmental Resources|Article 8. Transportation of Oils|§22-8-6. Accepted Orders and Certificates for Oil -- Negotiability

Accepted orders and certificates for petroleum, issued by any company engaged in the business of transporting and storing petroleum in this state by means of pipeline or lines and tanks, shall be negotiable, and may be transferred by indorsement either in blank or to the order of another, and any person to whom such accepted orders and certificates shall be so transferred shall be deemed and taken to be the owner of the petroleum therein specified.