H. B. 2054

(By Delegates Amores, Faircloth,
Hrutkay, Craig and Manuel)

[Introduced January 8, 2003; referred to the
Committee on the Judiciary.]

A BILL to amend article four, chapter thirty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eighteen, relating to certain unlawful covenants; and requiring the clerk of the county commission to execute, record and post a disclaimer.

Be it enacted by the Legislature of West Virginia:
That article four, chapter thirty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section eighteen, to read as follows:
ARTICLE 4. COVENANTS.
§36-4-18. Recorded disclaimer of unlawful restrictions.
The clerk of the county commission shall execute, record and post in a prominent place in the county record room a document that disclaims the validity and enforce ability of certain restrictions and covenants in deeds. The document shall contain a disclaimer in substantially the following form:
"Except as provided in section eight, article eleven-a, chapter five of the code of West Virginia, it is the law of this state that any covenants or restrictions that are based on race, color, religion, ancestry, sex, familial status, blindness, handicap or national origin are invalid and unenforceable. If the invalid covenant or restriction is contained in a document that is recorded in this county, the invalid covenant or restriction is void."

NOTE: The purpose of this bill is to

This section is new; therefore, strike-throughs and underscoring have been omitted.