H. B. 4106
(By Delegates Rowe, Johnson, Staton, Faircloth and Martin)
[Introduced January 28, 1998; referred to the Committee on the
Judiciary.]
A BILL to amend article six, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section twenty-three,
relating to limitation of nuisance actions for shooting
ranges; prohibiting nuisance actions when property purchased
near an existing shooting range, establishing limitations of
actions when a shooting range is established or undergoes
substantial change.
Be it enacted by the Legislature of West Virginia:
That article six, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section twenty- three, to read as follows:
ARTICLE 6. CRIMES AGAINST THE PEACE.
§ 61-6-23. Shooting range; Limitations on nuisance actions.
(a) As used in this section:
(1) "Person" means an individual, proprietorship, partnership,
corporation, club or other legal entity;
(2) "Shooting range" or "range" means an area designed and
operated for the use of rifles, shotguns, pistols, silhouettes,
skeet, trap, black powder or any other similar shooting.
(b) Except as provided in this section, a person may not
maintain a nuisance action for noise against a shooting range
located in the vicinity of that person's property if the range was
established as of the date of the person acquiring the property.
If there is a substantial change in use of the range after the
person acquires the property, the person may maintain a nuisance
action if the action is brought within two (2) years from the
beginning of the substantial change in use of the range.
(c) A person who owned property in the vicinity of a shooting
range that was established after the person acquired the property
may maintain a nuisance action for noise against that range only if
the action is brought within four (4) years after establishment of
the range or two (2) years after a substantial change in use of the
range.
(d) If there has been no shooting activity at a range for a
period of two (2) years, resumption of shooting is considered
establishment of a new range for the purposes of this section.
Note: The purpose of this bill is to preclude nuisance actions against shooting ranges when a person moves to an existing shooting
range; and, establishes statutes of limitation for nuisance actions
when a shooting range is established or modified.
This section is new; therefore. Strike-throughs and underlining
have been omitted.