WEST virginia legislature

2016 regular session

ENROLLED

Committee Substitute

for

House Bill 4586

(By Delegate Cowles)

[Passed on March 11, 2016; in effect ninety days from passage.]

AN ACT to amend and reenact §54-2-4 of the Code of West Virginia, 1931, as amended, relating to representation in condemnation proceedings where a property owner or other party is under a legal disability; providing that the court shall protect the rights of any person who is under a legal disability because he or she is a protected person, incarcerated, or whose ownership interest, lien, or other claim to property requires them to be a party in a condemnation action; providing that a protected person who is a party in a condemnation action may be represented by a conservator or guardian or by a limited guardian appointed by the court; providing that an incarcerated person who is a party in a condemnation action and has an attorney or committee shall be represented by the attorney or committee; providing that an incarcerated person who is a party in a condemnation action who does not have an attorney or committee shall be represented by a court appointed attorney; providing that the court shall appoint a guardian ad litem to defend the interests of an unknown owner or owners of property subject to condemnation; clarifying that the statutory procedures for condemnation actions control; and authorizing payment for court appointed attorneys to be paid in an amount to be fixed by the court or judge, to be taxed as costs and paid by the applicant.

Be it enacted by the Legislature of West Virginia:

That §54-2-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2. PROCEDURE.

§54-2-4. Persons under disability.

 (a) The court shall protect the rights of any person who is under a legal disability because he or she is a protected person, as defined in section two (a), article one, chapter forty-four-a of this code, or incarcerated, and whose ownership interest, lien or other claim to property requires them to be a party in a condemnation action brought pursuant to the provisions of this chapter.

(b) A protected person who is a party in a condemnation action may be represented by a conservator or guardian or by a limited guardian appointed by the court to represent the protected person in the condemnation action.

(c) An incarcerated person who is a party in a condemnation action and who has an attorney or committee shall be represented by the attorney or committee.  An incarcerated person who is a party in a condemnation action who does not have an attorney or committee shall be represented by an attorney appointed by the court.

(d) The court shall appoint a guardian ad litem to defend the interests of an unknown owner or owners of property subject to condemnation.

(e) Notwithstanding any other provisions of this code to the contrary, the provisions of this chapter regarding the procedure in condemnation actions shall be followed.

(f) The court may direct payment of a limited guardian, attorney or guardian ad litem appointed in an amount to be fixed by the court or judge, to be taxed as costs and paid by the applicant.

The Joint Committee on Enrolled Bills hereby certifies that the foregoing bill is correctly enrolled.

...............................................................

        Chairman, House Committee

                     ...............................................................

                             Chairman, Senate Committee

Originating in the House.

In effect ninety days from passage.

...............................................................

                  Clerk of the House of Delegates

                     ...............................................................

                                                   Clerk of the Senate

                                    ...............................................................

                                                   Speaker of the House of Delegates

                                                            ...............................................................

                                                                                     President of the Senate

__________

      The within ................................................... this the...........................................

day of ..........................................................................................................., 2016.

                                                .............................................................

                                                                                       Governor