H. B. 2136
(By Delegates Amores, Webster, Palumbo and Kominar)
[Introduced February 10, 2005
; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §36-4-18, relating to
certain unlawful covenants; and requiring the clerk of the
county commission to execute, record and post a disclaimer.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §36-4-18, to read as
ARTICLE 4. COVENANTS.
§36-4-18. Recorded disclaimer of unlawful restrictions.
The clerk of the county commission shall execute, record and
post in a prominent place in the county record room a document that
disclaims the validity and enforceability of certain restrictions
and covenants in deeds. The document shall contain a disclaimer in
substantially the following form:
"Except as provided in section eight, article eleven-a,
chapter five of the code of West Virginia, it is the law of this
state that certain covenants or restrictions that are based on
race, color, religion, ancestry, sex, familial status, blindness,
handicap or national origin are invalid and unenforceable. If an
invalid covenant or restriction is contained in a document that is
recorded in this county, the invalid covenant or restriction is
void notwithstanding its recordation."
NOTE: The purpose of this bill is to require the clerk of the
county commission to post a disclaimer of unlawful restrictions.
This section is new; therefore, strike-throughs and
underscoring have been omitted.