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2001 SESSION

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010241996
HOUSE BILL NO. 1766 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Corporations, Insurance and Banking on February 1, 2001) (Patron Prior to Substitute--Delegate Woodrum) A BILL to amend the Code of Virginia by adding a section numbered 56-259.1, relating to easements for facilities of public service corporations.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 56-259.1, as follows:

§ 56-259.1. Instruments conveying easements to public service corporations.

A. Any instrument that conveys an easement in land to a public service corporation, and that conveys any rights that the public service corporation claims it could obtain through the exercise of the right of eminent domain conferred by a certificate of public convenience and necessity that has been or may be issued by a state or federal regulatory agency, shall include the following notice provision:

"NOTICE TO LANDOWNER: It is the position of the public service corporation to whom you are conveying rights that some or all of the rights being conveyed could be obtained through exercise of the right of eminent domain conferred by a certificate of public convenience and necessity that has been or may be issued by a state or federal regulatory agency. To the extent that any of the rights being conveyed may not be subject to acquisition through exercise of the right of eminent domain, you have the right to choose not to convey those rights and you cannot be compelled to do so. You also have the right to negotiate to be compensated separately for each or any of the rights that you are agreeing to convey, whether or not they are subject to acquisition through exercise of the right of eminent domain."

B. Any instrument that conveys an easement in land to a public service corporation, but does not convey any rights that the public service corporation claims it could obtain through the exercise of the right of eminent domain, shall include the following notice provision:

"NOTICE TO LANDOWNER: It is the position of the public service corporation to whom you are conveying rights that none of the rights being conveyed could be obtained through exercise of the right of eminent domain. You have the right to choose not to convey those rights and you cannot be compelled to do so."

C. No instrument executed after July 1, 2001, by which an easement is conveyed to a public service corporation shall be accepted for recordation in any Clerk's office that maintains property records unless it bears either of the notice provisions set out in subsection A or B.