Bill Text: VA SB548 | 2014 | Regular Session | Introduced
Bill Title: Coalbed methane; arbitration of conflicting claims of ownership.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-16 - Stricken at request of Patron in Agriculture, Conservation and Natural Resources (9-Y 0-N) [SB548 Detail]
Download: Virginia-2014-SB548-Introduced.html
14101741D Be it enacted by the General Assembly of Virginia: 1. That §45.1-361.22:1 of the Code of Virginia is amended and reenacted as follows: §45.1-361.22:1. Conflicting claims of ownership; arbitration. A. The Board shall enter an order requiring that the matter of
disputed ownership be submitted to arbitration, and notify the circuit court in
the jurisdiction wherein the majority of the subject tract is located, (i) upon
written request from B. The Department shall send notice to all claimants if it determines that there are insufficient funds to pay the estimated costs of the arbitration pursuant to subsection F. The claimants may, by unanimous agreement, proceed with the arbitration process, notify the Board of such agreement, and bear the costs to the extent of the insufficiency. If the parties do not agree, the arbitration shall be delayed until such funds are available. C. To be qualified as an arbitrator, a candidate (i) shall be D. The arbitrator shall determine a time and place for the arbitration hearing and cause written notification of such hearing to be served on each surface owner, gas or oil owner, coal owner, mineral owner, or operator of a gas storage field certificated by the State Corporation Commission having an interest underlying the tract that is the subject of the hearing. Parties shall be served personally or by certified mail, return receipt requested, not less than 14 days before the hearing. Appearance at the hearing waives such party's right to challenge notice. Any party to the arbitration has the right to representation before the arbitrator pursuant to §8.01-581.05. In accordance with §8.01-581.06, the arbitrator may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence; administer oaths; and, upon application by a party to the arbitration, permit the taking of depositions for use as evidence. The arbitrator shall hear and determine the controversy upon the evidence and consistent with applicable law, notwithstanding the failure of a party to appear at the hearing. E. The arbitrator shall issue his determination as to the ownership in the coalbed methane gas and entitlement to proceeds held in escrow within six months from the order of the Board requiring the matter be submitted to arbitration, unless a longer period is otherwise agreed to by all parties. Such determination shall be in writing and sent to the Board and each party to whom notice is required to be given under subsection D. F. Upon the issuance of the arbitrator's determination of ownership and subject to the availability of funds, the fees and expenses of the arbitration, but not including fees or costs of counsel engaged by the respective claimants or any other costs of the claimants, shall be paid from the accrued interest on general escrow account funds. G. An arbitrator's determination, rendered pursuant to
subsection E, shall be binding upon the parties H. Upon application of any party to the arbitration, a
determination rendered pursuant to subsection E may be |