2005 West Virginia Code - §22C-8-3. — Application of article; exclusions.

§22C-8-3. Application of article; exclusions.

(a) Except as provided in subsection (b) of this section, the provisions of this article shall apply to all lands located in this state, under which a coal seam as defined in section two of this article and section one, article six, chapter twenty-two of this code, is located, however owned, including any lands owned or administered by any government or any agency or subdivision thereof, over which the state has jurisdiction under its police power. The provisions of this article are in addition to and not in derogation of or substitution for the provisions of this chapter or chapter twenty-two of this code.
(b) This article shall not apply to or affect:
(1) Deep wells;
(2) Oil wells and enhanced oil recovery wells associated with oil wells;
(3) Any shallow well as to which no objection is made under section seventeen, article six, chapter twenty-two of this code;
(4) Wells as defined in subdivision (4), section one, article nine, chapter twenty-two of this code; or
(5) Free gas rights.