Coal mining can proceed with consent covering 75% of rights

Mining operators may proceed without every coal owner's consent. Owners holding at least 75% of the shared coal mining rights must consent. This measures ownership shares, not the number of owners. Operators must make reasonable efforts to negotiate with all known owners they can locate. Consent must be in writing through a genuine lease negotiated between independent parties. Mining that meets these conditions does not count as waste or trespass against other coal owners. The law leaves surface-use rights and the referenced mining obligations unchanged. The law took effect June 12, 2026.

Operators must pay owners who do not consent a royalty, meaning a share of coal sales. These rights cover owners who do not consent, including owners whose identity or location is unknown. Payments reflect each owner's share of the coal acreage. Payment is based on gross proceeds from the first sale to an independent buyer, without deductions for mining, processing, transportation, or marketing costs. Unless otherwise agreed in writing or specified in this section, owners receive the most favorable terms from consenting owners' leases. Lease clauses requiring title guarantees, arbitration, or a particular court or governing law do not apply. Owners are protected from injury, property damage, title, and environmental claims arising from mining operations. They remain liable for their intentional acts. Owners have 45 days after written delivery of royalty and lease information to challenge those terms with the West Virginia Tax Commissioner. A ruling is due within 60 days of receipt and may be appealed. Mining may continue during the challenge.

Operators must send money owed to unknown or unlocatable coal owners to the State Treasurer. This applies when required searches of property, court, and online public records cannot establish an owner's identity or location. The Treasurer must invest the money and pay lawful claims, including interest actually earned on each owner's account. The fund may pay costs of finding owners and checking reports, as well as reasonable administrative fees capped at 4%. The Treasurer may extend a reporting deadline for good cause. The first report is due within 120 days after money is reserved. Quarterly reports and payments are due by the first day of the month following each calendar quarter.

Surface landowners may ask a court to transfer underlying coal interests held by unknown or unlocatable owners. The process covers unknown or unlocatable owners' coal interests beneath the applicant's surface land. The landowner must provide enough proof for the court to approve the transfer. The landowner receives a proportionate share of money held by the Treasurer before the transfer deed is signed, plus future proceeds. Once the deed is recorded, the former owner cannot claim amounts paid to the person who received the deed. At least 60 days before the seven-year anniversary, the Treasurer must publish notice once a week for two successive weeks in each county where the coal is located.