H. B. 2621
(By Delegates Staton and Trump)
[Introduced February 3, 1999;
referred to the Committee on the Judiciary.]
A BILL to amend and reenact section twelve, article two, chapter
fifty-five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to limitations of
actions and suit; clarifying that the period of limitations to
bring an action for trespass to real or personal property is
two years and specifying when amendments are retroactive.
Be it enacted by the Legislature of West Virginia:
That section twelve, article two, chapter fifty-five of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended,
be amended and reenacted to read as follows:
ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.
§55-2-12. Personal actions not otherwise provided for.
Every personal action for which no limitation is otherwise
prescribed shall be brought: (a) Within two years next after the
right to bring the same shall have accrued, if it be for damage to property, including trespass to real or personal property; (b)
within two years next after the right to bring the same shall have
accrued if it be for damages for personal injuries; and (c) within
one year next after the right to bring the same shall have accrued
if it be for any other matter of such nature that, in case a party
die, it could not have been brought at common law by or against his
personal representative. Amendments to this section are remedial
in nature and shall be given retroactive effect to any cause of
action accruing within two years of the date of any amendments to
this section.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.