Real And Personal Property
West Virginia 2018 Regular Session
Relating to the Consumer Credit and Protection Act [HB-4418]
The purpose of this bill is to declare that the provisions of the Consumer Credit and Protection Act apply to general leases, landlords, tenants and residential rental fees a landlord may charge a general lease of residential real property. The West Virginia Supreme Court of Appeals held to the contrary in the case of Morrisey v Copper Beech Townhouses, 806 S.E. 2d 172 (W.Va. Oct. 12, 2017), citing, basically, the absence of specific legislative intent that this Act apply to general leases of residential real property.
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Requiring that lien releases filed with county clerk’s office include the Deed of Trust Book and page numbers [HB-4335]
The purpose of this bill is to require that lien releases filed with county clerk’s office include the Deed of Trust Book and page numbers where the lien is filed.
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West Virginia 2018 Regular Session
Making all work product by State Government to be in the public domain and not subject to copyright protection [HB-4311]
The purpose of this bill is to make all work product by State Government to be in the public domain and not subject to copyright protection.
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West Virginia 2018 Regular Session
Uniform Partition of Heirs Property Act [HB-4269]
The purpose of this bill is to enact the Uniform Partition of Heirs Property Act. The bill defines terms and provides for a court hearing to determine if the partition action concerns heirs’ property and the manner in which such property and interests may be sold. The bill also provides for uniformity of application and construction; and modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq.
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West Virginia 2018 Regular Session
Uniform Partition of Heirs Property Act [HB-4237]
The purpose of this bill is to enact the Uniform Partition of Heirs Property Act.
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West Virginia 2018 Regular Session
Business Liability Protection Act [HB-4187]
The purpose of this bill is to create the “Business Liability Protection Act”. The bill includes the right to limit possession of firearms on certain premises and definitions. It also provides for misdemeanor criminal offense and penalty. It prohibits employers from certain specific actions against a person when that person possesses a firearm legally, including a condition of employment. The bill provides a duty of care of public and private employers and provides for immunity from liability. The bill authorizes the Attorney General to enforce
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West Virginia 2018 Regular Session
Changing the determination of just compensation to be paid to the landowner when eminent domain is used for a pipeline [HB-3011]
The purpose of this bill is to change the determination of "just compensation" to be paid to the landowner when eminent domain is used for a pipeline and the pipeline does not connect directly to a residential or commercial end user. Currently the common law provides that the just compensation paid to the landowner is the value to the land owners of the interest taken before the pipeline was proposed. Under the bill the just compensation will be the higher of either the value to the landowner of the landowner's interest taken or the value of the
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West Virginia 2018 Regular Session
Relating to civil asset forfeiture [HB-2992]
The purpose of this bill is to require the state to prove that the owner of seized property has been convicted of a crime and that the seized property was substantially related to said crime before the state can perfect title to seized property; and require that the state return seized property to its owner if the state cannot meet its evidentiary burden.
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West Virginia 2018 Regular Session
Providing owner of conservation easement be given the right of first refusal [HB-2932]
Providing owner of conservation easement be given the right of first refusal
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West Virginia 2018 Regular Session
Requiring a seller of real property satisfy upon closing any unpaid charges owed [HB-2755]
Requiring a seller of real property satisfy upon closing any unpaid charges owed
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West Virginia 2018 Regular Session
Relating to consumer protection of new manufactured home warranties [HB-2371]
The purpose of this bill is to place upon the manufacturers of manufactured homes the duty to meet their obligations and responsibilities under the terms of the express warranties extended to the consumers in this state. The bill provides consumers additional remedies to enforce the warranties.
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West Virginia 2018 Regular Session
Relating to outdoor advertising regulated by the Commissioner of Highways [HB-2365]
Relating to outdoor advertising regulated by the Commissioner of Highways
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West Virginia 2016 Regular Session
Permitting natural gas companies enter upon real property in certain instances for limited purposes [SB-698]
Permitting natural gas companies enter upon real property in certain instances for limited purposes
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West Virginia 2016 Regular Session
Relating to ownership and use of conduit providing telephone service [SB-678]
Relating to ownership and use of conduit providing telephone service
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West Virginia 2016 Regular Session
Permitting surface owners purchase mineral interests [SB-577]
Permitting surface owners purchase mineral interests
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West Virginia 2016 Regular Session
Requiring payment of funds due in partition suits of oil and gas interests [SB-576]
Requiring payment of funds due in partition suits of oil and gas interests
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West Virginia 2016 Regular Session
Providing owner of conservation easement be given right of first refusal to purchase land [SB-556]
Providing owner of conservation easement be given right of first refusal to purchase land
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West Virginia 2016 Regular Session
Providing for disposition of unclaimed and unredeemed savings bond [SB-423]
Providing for disposition of unclaimed and unredeemed savings bond
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West Virginia 2016 Regular Session
Creating Uniform Real Property Electronic Recording Act [SB-365]
Creating Uniform Real Property Electronic Recording Act
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West Virginia 2016 Regular Session
Ensuring that the interest of protected persons, incarcerated persons and unknown owners are protected in condemnation actions filed by the Division of Highways [HB-4586]
The purpose of this bill is ensure that the interest of protected persons, incarcerated persons and unknown owners are protected in condemnation actions filed by the Division of Highways. The bill requires the appointment of a limited guardian if a protected person is not otherwise represented and an attorney to represent an incarcerated person who is not otherwise represented in a condemnation action. It also clarifies that the process set out in the eminent domain statute must be followed rather than other requirements related to disposition
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