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Introduced Version House Bill 3048 History

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H. B. 3048

 

         (By Delegate Howell, By request)

         [Introduced March 22, 2013; referred to the

         Committee on Political Subdivisions then the Judiciary.]

 

 

 

 

A BILL to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §7-1-16 relating to authority and jurisdiction of county commissions to hear actions for ejectment and other actions in resolution of real property prescriptive easements or disputes.

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 §7-1-16, to read as follows:

ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-16.  Authority and jurisdiction of county commissions to hear              actions for ejectment and other actions in resolution              of real property prescriptive easements or disputes.

    (a) County commissions are hereby vested with concurrent jurisdiction to hear and adjudicate actions for ejectment established in article four, chapter fifty-five of this code.

    (b) A real property owner aggrieved the use of or entry upon his or her property by another by assertion of an alleged right of prescriptive easement may petition the county commission to close the prescriptive easement, if:

    (1) A described right of way exists at another location on, the aggressors real property providing access to a public road or thoroughfare;

    (2) The aggressors real property adjoins a public road or thoroughfare and the aggressor is using enjoinment to egress and ingress the property; and

    (3) The closing of the prescriptive easement will not cause undue hardship or monetary cost upon the aggressor.

    (c) Petition to close must be filed with county commission in writing.

    (d) The county commission must set a hearing date within six months of the petition being filed.

    (e) The county commission may refer the issue described in this section of the county planning commission.




    NOTE: The purpose of this bill is authorize county commissions to hear actions for ejectment and other actions in resolution of real property prescriptive easements or disputes.



    This section is new; therefore, it has been completely underscored.

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