SENATE CONCURRENT RESOLUTION 59

(By Senators Maynard, Gaunch, Rucker and Cline)

[Introduced April 4, 2017]

Requesting the Joint Committee on Government and Finance study the feasibility of permitting the West Virginia Disaster Recovery Board to restore access to private property following a natural disaster.

Whereas, In situations that involve losses resulting from damage from flooding or other natural or man-made causes on private property, real estate or other premises, persons can be prevented from engaging in employment, private enterprise, providing essential business or personal activities and community facilities or essential goods or services, including being denied access to private property; and

Whereas, It should be determined when and under what circumstances the West Virginia Disaster Recovery Board may intervene to restore access, when to delay action obtaining access would increase potential losses when the owner of the private property, real estate or other premises is unable to, or refuses to restore that access; and

Whereas, It should be determined when and under what circumstances the West Virginia Disaster Recovery Board may provide for the construction of any temporary or permanent structure that is used to gain access to private property, real estate or other premises; and

Whereas, It should be determined when and under what circumstances the West Virginia Disaster Recovery Board may take any action against the owner of private property, real estate or other premises to recover the costs of construction including perfecting a lien against the owner, according to law, for these costs; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the feasibility of permitting the West Virginia Disaster Recovery Board to restore access to private property following a natural disaster; and, be it

Further Resolved, That the Joint Committee on Government and Finance enlist the assistance of the West Virginia Disaster Recovery Board in conducting the study; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2018, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

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