H. B. 2722
(By Mr. Speaker, Mr. Kiss (By Request))
[Introduced January 28, 2003; referred to the
Committee on the Judiciary.]
A BILL to amend article one, 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 twenty-two,
relating to estates and property; creation of estates;
easements; providing that where an easement has been created
for ingress and egress and no metes or bounds are specified in
the creation of the easement, the easement shall be
interpreted to be of sufficient magnitude so as to permit the
passage of emergency vehicles.
Be it enacted by the Legislature of West Virginia:
That article one, 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
twenty-two, to read as follows:
ARTICLE 1. CREATION OF ESTATES GENERALLY.
§36-1-22. Construction of certain easements for ingress and
egress; retroactivity
.
Wherever an easement for ingress and egress has been created,
and the instrument creating the easement does not set forth a metes
and bounds description, the easement shall be deemed to be of
sufficient magnitude to allow the passage of emergency vehicles at
least the size of an ambulance, fire engine and garbage truck.
This provision is remedial in nature. Therefore it shall have
retroactive application notwithstanding any court rulings to the
contrary.
NOTE: The purpose of this bill is to specify that easements
created for ingress and egress that are not described by metes and
bounds shall be interpreted to be sufficient for the passage of
emergency vehicles.
This section is new; therefore, strike-throughs and
underscoring have been omitted.