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.
Structure 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
§22-6B-3. Compensation of Surface Owners for Drilling Operations
§22-6B-4. Common Law Right of Action Preserved; Offsets
§22-6B-5. Notification of Claim
§22-6B-6. Agreement; Offer of Settlement
§22-6B-7. Rejection; Legal Action; Arbitration; Fees and Costs