H. B. 4460
(By Delegates Spencer and DeLong)
[Introduced February 7, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §22-18-21 of the Code of West Virginia,
1931, as amended, relating to the required disclosure, in
deeds and leases of real property, of the previous existence
of a crystal methamphetamine laboratory.
Be it enacted by the Legislature of West Virginia:
That §22-18-21 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 18. HAZARDOUS WASTE MANAGEMENT ACT.
§22-18-21. Disclosures required in deeds and leases.
(a) The grantor in any deed or other instrument of conveyance
or any lessor in any lease or other instrument whereby any real
property is let for a period of time shall disclose in such deed,
lease or other instrument the fact that such property or the
subsurface of such property, (whether or not the grantor or lessor
is at the time of such conveyance or lease the owner of such subsurface) was used for the storage, treatment or disposal of
hazardous waste. The provisions of this subsection only apply to
those grantors or lessors who owned or had an interest in the real
property when the same or the subsurface thereof was used for the
purpose of storage, treatment or disposal of hazardous waste or who
have actual knowledge that such real property or the subsurface
thereof was used for such purpose or purposes at any time prior
thereto.
(b) Any grantee of real estate or of any substrata underlying
said real estate or any lessee for a term who intends to use the
real estate conveyed or let or any substrata underlying the same
for the purpose of storing, treating or disposing of hazardous
waste shall disclose in writing at the time of such conveyance or
lease or within thirty days prior thereto such fact to the grantor
or lessor of such real estate or substrata. Such disclosure shall
describe the proposed location upon said property of the site to be
used for the storage, treatment or disposal of hazardous waste, the
identity of such waste, the proposed method of storage, treatment
or disposal to be used with respect to such waste and any and all
other information required by rules of the director.
(c) (1) The grantor in any deed or other instrument of
conveyance or any lessor in any lease or other instrument whereby
any real property is let for a period of time shall disclose in
such deed, lease or other instrument the fact that such property was used as a "meth lab," i.e., for the creation, storage,
treatment or disposal of crystal methamphetamine. The provisions
of this subsection only apply to those grantors or lessors who
owned or had an interest in the real property when it was used for
the creation, storage, treatment or disposal of crystal
methamphetamine, or who have actual knowledge that such real
property was used for such purpose or purposes at any time prior
thereto.
(2) Failure by the grantor in any deed or other instrument of
conveyance or any lessor in any lease or other instrument whereby
any real property is let for a period of time, to disclose in such
deed, lease or other instrument the fact that such property was
used as a "meth lab," i.e., for the creation, storage, treatment
or disposal of crystal methamphetamine, shall render the sale,
conveyance or lease of any such real property voidable at the
election of the buyer, grantee or lessee.
NOTE: The purpose of this bill is to protect potential
property buyers by requiring property owners to disclose the
previous existence on the property of a crystal methamphetamine
lab.
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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