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Introduced Version House Bill 4326 History

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hb4326 intr


H. B. 4326


(By Mr. Speaker, Mr. Kiss (By Request))

[Introduced January 31, 2002; referred to the

Committee on the Judiciary.]





A BILL to amend article one, chapter thirty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-two, relating to estates and property; creation of estates; easements; providing that where an easement has been created

for ingress and egress and no metes or bounds are specified in the creation of the easement the easement shall be interpreted to be of sufficient magnitude so as to permit the passage of emergency vehicles.
Be it enacted by the Legislature of West Virginia:
That article one, chapter thirty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-two, to read as follows:
ARTICLE 1. CREATION OF ESTATES GENERALLY.
§36-1-22. Construction of certain easements for ingress and egress.
Wherever an easement for ingress and egress has been created, and the instrument creating the easement does not set forth a metes and bounds description, the easement shall be deemed to be of sufficient magnitude to allow the passage of emergency vehicles.


NOTE: The purpose of this bill is to specify that easements created for ingress and egress shall be interpreted to be sufficient for the passage of emergency vehicles.

This section is new; therefore strike-throughs and underscoring have been omitted.
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