H. B. 2128
(By Delegate Burke)
[Introduced January 23, 1995; referred to the
Committee on the Judiciary.]
A BILL to amend article two, chapter fifty-five of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
eleven-a, relating to the statute of limitations on actions
on surveys, maps or plans.
Be it enacted by the Legislature of West Virginia:
That article two, chapter fifty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
eleven-a, to read as follows:
ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.
§55-2-11a. Actions on surveys, maps or plans.
(a) All actions to recover damages against any authorized
person engaged in the practice of surveying for any deficiency,
defect, omission, error or miscalculation shall be brought within
six years from the date of survey as recorded on the plat or
plan. Any action not instituted within this six-year period
shall be forever barred. The cause of action in such a case
shall accrue when the services are performed.
(b) The term "authorized person" as used in this section
includes any person authorized to practice land surveying in this
state under the provisions of article thirteen-a, chapter thirty
of this code.
NOTE: The purpose of this bill is to place a six-year time
limit in which to bring an action, based upon an error etc., in
a survey, against a licensed land surveyor.
This section is new; therefore, strike-throughs and
underscoring have been omitted.