HOUSE CONCURRENT RESOLUTION NO. 133

(By Delegate Kump)

Requesting the Joint Committee on Government and Finance study the impact upon property rights of owners whose residences are being mandated to connect to public sewer systems, including, but not limited to, comparing findings across West Virginia to examine the need for standards regarding conflicts between private property owners and public service districts, examining the feasibility of implementing a dispute resolution process, examining the appointment and oversight of public service district board members and examining the Public Service District Sewer Ordinances of Jefferson County as potential model standards.

    Whereas, The Legislature recognizes the paramount importance of private property as one of our essential rights; and

    Whereas, The Legislature and the courts of West Virginia agree that this important right should be protected; and

    Whereas, The Legislature recognizes that private property rights may only yield to an overwhelming public need; and

    Whereas, The Legislature has recently been reminded of the need for diverse water supplies and waste services; and

    Whereas, The Legislature seeks to address the need to bring the procedures of mandatory subscription to sewer services in line with best practices in order to achieve maximal results for our children and families; and

    Whereas, A greater benefit would accrue to the public if the issues surrounding private property rights and public sewer systems were examined; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance study the impact upon property rights of owners whose residences are being mandated to connect to public sewer systems, including, but not limited to, comparing findings across West Virginia to examine the need for standards regarding conflicts between private property owners and public service districts, examining the feasibility of implementing a dispute resolution process, examining the appointment and oversight of public service district board members and examining the Public Service District Sewer Ordinances of Jefferson County as potential model standards; and, be it

    Further Resolved, That the Joint Committee on Government and Finance may consider other information and documentation in order to achieve the goals of this resolution; and, be it

    Further Resolved, That the Joint Committee on Government and Finance submit its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations, to the Legislature at the beginning of the 2015 Regular Legislative Session; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.