West Virginia Limitation on Substances Covered by Lease

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US-OG-803
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This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

West Virginia Limitation on Substances Covered by Lease is a legal provision that restricts the use and storage of certain substances in leased properties within the state of West Virginia. This provision aims to protect the environment, public health, and safety by minimizing the risks associated with hazardous materials. In West Virginia, there are several types of limitations on substances covered by lease, depending on the specific jurisdiction and the nature of leasing agreements. The most common types include: 1. Hazardous Material Limitations: This type of limitation prohibits tenants from using, storing, or disposing of potentially harmful substances classified as hazardous. These substances may include chemicals, paints, solvents, pesticides, fuels, and other toxic materials. 2. Environmental Protection Limitations: Some jurisdictions in West Virginia impose restrictions to safeguard natural resources and ecosystems. These limitations prevent tenants from engaging in activities that may result in pollution of water bodies, soil degradation, deforestation, or destruction of wildlife habitats. 3. Controlled Substance Limitations: Lease agreements in West Virginia often include provisions that prohibit the use, manufacturing, cultivation, or distribution of illegal drugs within the leased property. These limitations abide by state and federal laws governing controlled substances. 4. Asbestos or Lead-Based Paint Limitations: Due to the potential health hazards associated with asbestos and lead-based paint, some leases may impose restrictions on properties containing these materials. This ensures that tenants are not exposed to these harmful substances during their occupancy. 5. Zoning Restrictions: In certain areas of West Virginia, zoning regulations may limit the types of businesses allowed within specific zones. For instance, industrial zones may prohibit certain substances with the potential for environmental contamination, noise pollution, or detrimental effects on nearby communities. It is crucial for both tenants and landlords to thoroughly understand the limitations on substances covered by lease in West Virginia to avoid legal conflicts and maintain a safe and compliant leasing agreement. These limitations help maintain a sustainable and healthy environment for all residents and businesses within the state.

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FAQ

Surface rights are what you own on the surface of the property. These include the space, the buildings and the landscaping. Mineral rights, on the other hand, cover the specific resources beneath the surface. In areas designated for mining, it's common for surface rights and mineral rights to be separate.

Mineral interests in WV are taxed the same as your home. You will pay 60% of the appraised value on the minerals at the levy rate for your county. The value of these minerals in based on WV Code procedures and is the same for all counties in WV. They all use the same formula methodology.

Cons of Selling Your Mineral Rights Loss of Potential Future Income: When you sell your mineral rights, you also give up any potential future income from those rights. This can be a significant loss if the mineral rights end up producing more than expected or if there are new discoveries in the future.

Mineral interests in WV are taxed the same as your home. You will pay 60% of the appraised value on the minerals at the levy rate for your county. The value of these minerals in based on WV Code procedures and is the same for all counties in WV. Minerals are taxed at a minimum value until production begins.

Mineral rights give ownership, for a specified time, of the underground minerals that do not include sand, limestone, gravel, or subsurface water. If the mineral rights to your property have been sold before you acquired the land, that means you own only the surface rights and cannot use the minerals.

(n) A scrap metal dealer may not purchase, possess, or receive scrap metal that the scrap metal dealer knows, or has reason to know, has been stolen or unlawfully obtained by the seller. Any person violating this subsection is guilty of larceny.

§37B-1-4. Lawful use and development by cotenants; election of interests; reporting and remitting of interests of unknown or unlocatable cotenants; establishment of terms and provisions for development; and merging of surface and oil and gas.

The West Virginia ?Co-Tenancy? statute (W.Va. Code § 37-1-4) permits oil and gas producers to drill on property with unleased mineral owners.

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West Virginia Limitation on Substances Covered by Lease