Senate Bill No. 509

(By Senator Trump)

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[Introduced February 17, 2015; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §37-7-2 of the Code of West Virginia, 1931, as amended, relating to waste by a cotenant; providing that lawful use of the property by a majority of the ownership is not waste; and providing the cotenants, and their agents or assigns, are not liable for damages if an accounting of a pro rata share of the revenues and costs resulting from the use is provided to each cotenant.

Be it enacted by the Legislature of West Virginia:

            That §37-7-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 7. WASTE.

§37-7-2. Waste by cotenant.

            (a) If a tenant in common, joint tenant or parcener commit commits waste, he shall be or she is liable to his or her cotenant, jointly or severally, for damages.

            (b) If the tenants in common, joint tenants or parceners representing a majority of the ownership consent to a lawful use of the property that use is permissible and is not waste. In that case the cotenant, and their agents or assigns, are not liable for damages if:

            (1) An accounting of a pro rata share of the revenues and costs resulting from the use is provided to each cotenant equal to its ownership interest in the property; and

            (2) Pro rata shares of each cotenant are distributed or, in the case of a cotenant that cannot be located reserved for that cotenant.

            NOTE: The purpose of this bill is to authorize the lawful use of property as approved by a majority of the ownership is not waste, and the cotenant and their agents or assigns, are not liable for damages if an accounting of a pro rata share of the revenues and costs resulting from the use is provided to each cotenant.

            Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.