H. B. 3062


(By Delegate Michael)

[Introduced February 19, 2003; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact section one, article four, chapter thirty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to partition of real estate; and authorizing partition of real estate owned by certain close corporations.

Be it enacted by the Legislature of West Virginia:
That section one, article four, chapter thirty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 4. PARTITION.
§37-4-1. Who entitled to partition; jurisdiction; state as party plaintiff.

Tenants in common, joint tenants and coparceners of real property, including minerals, and lessees of mineral rights other than lessees of oil and gas minerals and stockholders of a closely held corporation when there are no more than five stockholders and the only substantial asset of the corporation is real estate, shall be compelled to make partition, and the circuit court of the county wherein the land or estate, or any part thereof, may be, shall have has jurisdiction, in cases of partition, and in the exercise of such that jurisdiction, may take cognizance of all questions of law affecting the legal title, that may arise in any proceedings.
The state hereafter shall, whenever it is an owner of an undivided interest in any land or real estate, together with other persons, become a party plaintiff in any proceedings by any person entitled to demand partition under the first sentence of this section. Before instituting suit for partition the person entitled to demand it shall notify the proper official who has supervision of such the state land and thereafter they shall proceed as they deem determine best. In all such cases resulting in partition or sale the costs of suit shall come from the proceeds of sale. No state official in charge of state lands shall may refuse to perform his duty in any case where any person is entitled to demand a partition, or sale under this article.

NOTE: The purpose of this bill is to authorize stockholders of closely held corporations to file suit for partition of real estate owned by the corporation when the real estate is the only substantial asset of the corporation.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.