H. B. 2054
(By Delegates Amores, Faircloth,
Hrutkay, Craig and Manuel)
(Originating in the Committee on the Judiciary)
[January 15, 2003]
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 enforceability 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 certain covenants or restrictions that are based on
race, color, religion, ancestry, sex, familial status, blindness,
handicap or national origin are invalid and unenforceable. If an
invalid covenant or restriction is contained in a document that is
recorded in this county, the invalid covenant or restriction is
void notwithstanding its recordation."
This section is new; therefore, strike-throughs and
underscoring have been omitted.