Real And Personal Property

State (West Virginia)
West Virginia 2020 Regular Session

Relating to the Consumer Credit and Protection Act [HB-2180]
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.

  

Sponsored by: Rep. Barbara Fleischauer Filed For Introduction on 01/08/2020

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State (West Virginia)
West Virginia 2020 Regular Session

Relating to consumer protection of new manufactured home warranties [HB-2163]
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.

  

Sponsored by: Rep. Mike Pushkin Filed For Introduction on 01/08/2020

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State (West Virginia)
West Virginia 2020 Regular Session

Requiring urban renewal authorities to submit proposed urban renewal projects to the affected local county boards of health [HB-2085]
The purpose of this bill is to require urban renewal authorities to submit active, amended and proposed urban renewal projects and plans to the affected local county boards of health for review and comment. The bill requires urban renewal authorities to meet with municipalities and communities regrading those projects and plans. The bill requires urban renewal authorities to make reports and make them available to the affected local county boards of health and local residents.

  

Sponsored by: Rep. Mike Pushkin Filed For Introduction on 01/08/2020

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State (West Virginia)
West Virginia 2020 Regular Session

Requiring that lien releases filed with county clerk’s office include the Deed of Trust Book and page numbers [HB-2187]
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.

  

Sponsored by: Rep. Isaac Sponaugle Filed For Introduction on 01/08/2020

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State (West Virginia)
West Virginia 2020 Regular Session

Relating generally to proceeds from certain oil and gas wells [SB-79]
Relating generally to proceeds from certain oil and gas wells

  

Sponsored by: Sen. Randy Smith Filed For Introduction on 01/08/2020

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State (West Virginia)
West Virginia 2020 Regular Session

West Virginia Intellectual Property and Trade Secrets Act [HB-4005]
West Virginia Intellectual Property and Trade Secrets Act

  

Sponsored by: Rep. Paul Espinosa Filed For Introduction on 01/08/2020

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State (West Virginia)
West Virginia 2020 Regular Session

Relating to payment of taxes by co owner or others [HB-2590]
The purpose of this bill is to limit the payment of taxes by co owners or other interested parties.

  

Sponsored by: Rep. Eric Porterfield Filed For Introduction on 01/08/2020

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State (West Virginia)
West Virginia 2020 Regular Session

Creating an additional index system for state-owned lands [HB-2696]
The purpose of this bill is to create a naming convention to records lands owned by the state in an index system for easy cross-reference to county indexes.

  

Sponsored by: Rep. Gary Howell Chapter 162, Acts, Regular Session, 2020 on 04/15/2020

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State (West Virginia)
West Virginia 2020 Regular Session

Changing determination of compensation paid to landowner when eminent domain used for pipeline [SB-75]
Changing determination of compensation paid to landowner when eminent domain used for pipeline

  

Sponsored by: Sen. Stephen Baldwin Filed For Introduction on 01/08/2020

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State (West Virginia)
West Virginia 2020 Regular Session

Providing protections, under certain circumstances, to owners of livestock and other domestic animals [HB-3056]
The purpose of this bill is to provide protections to owners of livestock and other domestic animals when the animals trespass on property of another.

  

Sponsored by: Rep. David Pethtel Filed For Introduction on 01/08/2020

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State (West Virginia)
West Virginia 2020 Regular Session

Requiring any newly constructed building to meet minimum standards for universal design for disabled persons [SB-70]
Requiring any newly constructed building to meet minimum standards for universal design for disabled persons

  

Sponsored by: Sen. Roman Prezioso Filed For Introduction on 01/08/2020

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State (West Virginia)
West Virginia 2020 Regular Session

Relating to civil asset forfeiture [HB-2563]
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.

  

Sponsored by: Rep. Stephen Wilson Filed For Introduction on 01/08/2020

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State (West Virginia)
West Virginia 2017 Regular Session

Requiring certain newly constructed dwellings meet minimum standards for persons with disabilities [SB-610]
The purpose of this bill is to require all newly constructed, state assisted, detached single family houses, townhouses or multilevel dwelling units (whether detached or attached to other units or structures), or ground-floor units in a building of three or fewer dwelling units to meet minimum standards of universal design for persons with disabilities.

  

Sponsored by: Sen. Roman Prezioso Filed For Introduction on 03/15/2017

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State (West Virginia)
West Virginia 2017 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.

  

Sponsored by: Rep. Daniel Dean Filed For Introduction on 03/14/2017

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State (West Virginia)
West Virginia 2017 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 (continued...)

  

Sponsored by: Sen. Michael Caputo Filed For Introduction on 03/14/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Cotenancy and Lease Integration Act [HB-3094]
The purpose of this bill is to provide an exception to waste for certain oil and gas development, and to encourage the efficient and economic development of oil and gas resources by providing that a lawful use of mineral property that has been consented to by three‑fourths of the mineral interest owners is permissible, is not waste, and is not a trespass. The bill provides that cotenants are not liable for damages for the use of their mineral property when an accounting is provided and the prorata share of revenues and costs are distributed to (continued...)

  

Sponsored by: Rep. William Anderson Filed For Introduction on 03/14/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Allowing county assessors make separate entries in land books when real property is partly used for exempt and partly nonexempt purposes [SB-595]
The purpose of this bill is to allow portions of otherwise exempt property that are being used for nonexempt purposes to be separately assessed and taxed for property tax purposes.

  

Sponsored by: Sen. Mike Hall Introduced In House on 03/24/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Providing exception to waste for certain oil and gas development [SB-576]
The purpose of this bill is to provide an exception to waste for certain oil and gas development, and to encourage the efficient and economic development of oil and gas resources by providing that a lawful use of mineral property that has been consented to by two thirds of the mineral interest owners is permissible, is not waste, and is not a trespass. The bill provides that cotenants are not liable for damages for the use of their mineral property when an accounting is provided and the prorata share of revenues and costs are distributed to each (continued...)

  

Sponsored by: Sen. Charles Trump To House Energy on 03/31/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Providing owner of conservation easement be given the right of first refusal [HB-2932]
The purpose of this bill is to provide the owner of a conservation easement be given the right of first refusal to purchase land upon which it holds the easement when a landowner intends to sell land upon which the easement exists.

  

Sponsored by: Rep. Cindy Frich Filed For Introduction on 03/10/2017

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State (West Virginia)
West Virginia 2017 Regular Session

Terminating the State Agency for Surplus Property [HB-2819]
The purpose of this bill is to terminate the State Agency for Surplus Property and to give individual state agencies the authority and discretion to dispose of tangible personal property that has reached the end of a reasonable, useful life.

  

Sponsored by: Sen. Karen Arvon With Amendment, Do Pass, But First To Finance on 03/16/2017

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