H. B. 3001
(By Delegate Brown, By Request)
[Introduced March 9, 2009; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §38-2-32 of the Code of West Virginia,
1931, as amended, relating to mechanic's liens filed against
corporations.
Be it enacted by the Legislature of West Virginia:
That §38-2-32 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. MECHANIC'S LIENS.
§38-2-32. Perfecting lien for work or labor against corporation.
Such A lien shall be discharged unless the person desiring to
avail himself
or herself thereof, within ninety days from the time
he
or she shall have ceased to work or labor for
such an
incorporated company or for
such a contractor, shall file with the
clerk of the county court of the county in which
such the work or
labor was performed, or in which the principal office, works, real
estate or personal property of
such the incorporated company is situated, a notice of lien containing the amount due him
or her
after allowing all credits, which notice shall be sworn to by the
person claiming
such the lien, or by someone in his
or her behalf:
Provided, That no lien shall be enforceable against a bona fide
purchaser for value of real property owned by the incorporated
company unless a notice of lien is filed with the clerk of the
county court of the county in which the property is located.
NOTE: The purpose of this bill is to assure bona fide
purchasers for value of real property that the property is not
subject to claims of mechanics or suppliers unless notices is filed
in the county in which the property is located.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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