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Introduced Version House Bill 4461 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4461


(By Delegates Spencer, Hunt, Brown, Morgan,

Perdue, Paxton, Fleischauer, Boggs,

White and Longstreth)


[Introduced February 12, 2010 ; 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 requiring disclosure by owners of real property, 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 the deed, lease or other instrument the fact that such the property or the subsurface of such the property, (whether or not the grantor or lessor is at the time of such the conveyance or lease the owner of such the 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 the real property or the subsurface thereof was used for such that purpose or purposes at any time prior thereto.
(b) Any grantee of real estate or of any substrata underlying said the real estate or any lessee for a term who intends to use the real estate conveyed or let or any substrata underlying the same real estate
for the purpose of storing, treating or disposing of hazardous waste shall disclose in writing at the time of such the conveyance or lease or within thirty days prior thereto such to the conveyance or lease that fact to the grantor or lessor of such the real estate or substrata. Such The disclosure shall describe the proposed location upon said the property of the site to be used for the storage, treatment or disposal of hazardous waste, the identity of such the waste, the proposed method of storage, treatment or disposal to be used with respect to such the 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 the deed, lease or other instrument the fact that the 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 and who have actual knowledge that the real property was used for the 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 the deed, lease or other instrument the fact that the 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:
Provided, That if the property and structure on the land is certified to be one hundred percent free of crystal methamphetamine this provision does not apply.


NOTE: The purpose of this bill is to protect potential property buyers or lessees 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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