West Virginia legislation · 2026 Regular Session
West Virginia SB686: Coal Co-tenancy Modernization and Miners Protection Act
Status: Signed into law, March 27, 2026
What the bill says
An act to amend and reenact §37-7-2 of the Code of West Virginia, 1931, as amended; and to amend the code by adding two new articles, designated §37B-3-1, §37B-3-2, §37B-3-3, §37B-3-4, §37B-3-5, §37B-3-6, §37B-4-1, §37B-4-2, §37B-4-3, §37B-4-4, §37B-4-5, §37B-4-6, and §37B-4-7, relating to modifying the conditions for lawful mining, extraction, or production of coal in this state regarding co-tenants to a coal estate; providing an exception to waste and trespass for certain coal estates under certain conditions; providing a short title; providing declarations of public policy and legislative f.
From the enrolled text, March 14, 2026:
AN ACT to amend and reenact §37-7-2 of the Code of West Virginia, 1931, as amended; and to amend the code by adding two new articles, designated §37B-3-1, §37B-3-2, §37B-3-3, §37B-3-4, §37B-3-5, §37B-3-6, §37B-4-1, §37B-4-2, §37B-4-3, §37B-4-4, §37B-4-5, §37B-4-6, and §37B-4-7, relating to modifying the conditions for lawful mining, extraction, or production of coal in this state regarding co-tenants to a coal estate; providing an exception to waste and trespass for certain coal estates under certain conditions; providing a short title; providing declarations of public policy and legislative findings and intent; providing definitions; providing that, in cases where the owners of at least three fourths of the undivided interest in the coal estate consent to the lawful use or development, the operator's mining, use, or development of the coal estate is permissible, is not waste, and is not trespass under certain defined conditions; providing that nonconsenting co-tenants are entitled to receive a production royalty and providing a process for obtaining the royalty; requiring certain interests owned by unknown or unlocatable owners be reserved, reported, and deposited in a fund administered by the State Treasurer; creating the Unknown and Unlocatable Coal Interest Owners Fund to be administered by the State Treasurer; providing for certain administrative expenses; providing a mechanism for surface owners to acquire title to certain severed coal interests and …