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Introduced Version House Bill 2750 History

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Key: Green = existing Code. Red = new code to be enacted

H. B. 2750

 

                        (By Delegates Canterbury, Walters, McGeehan, A. Evans, Faircloth,

                                      Romine, Ambler, Cooper, Border and Ihle)


                        [Introduced February 13, 2015; referred to the

                        Committee on the Judiciary.]

 

 

A BILL to repeal §55-2-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §55-2-1 of said code, all relating to abolishing the adverse possession of land.

Be it enacted by the Legislature of West Virginia:

            That §55-2-3 of the Code of West Virginia, 1931, as amended, be repealed; and that §55-2-1 of said code be amended and reenacted, all to read as follows:

ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.

§55-2-1. Entry upon or recovery of lands.

            No person shall make an entry on, or bring an action to recover, any land, but within ten years next after the time at which the right to make such entry or to bring such action shall have first accrued to himself or to some person through whom he claims.

            (a) A person may make an entry on, or an action to recover, any land at any time.

            (b) The doctrine and law of adverse possession is abolished in West Virginia.

 

 

 

            NOTE: The purpose of this bill is to abolish adverse possession in West Virginia.


            §55-2-3 is repealed.


            Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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