H. B. 4461
(By Delegates Spencer, Hunt, Brown, Morgan,
Perdue, Paxton, Fleischauer, Boggs,
White and Longstreth)
[Introduced
February 12, 2010
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §22-18-21 of the Code of West Virginia,
1931, as amended, relating to requiring disclosure by owners
of real property, in deeds and leases of real property, of the
previous existence of a crystal methamphetamine laboratory.
Be it enacted by the Legislature of West Virginia:
That §22-18-21 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 18. HAZARDOUS WASTE MANAGEMENT ACT.
§22-18-21. Disclosures required in deeds and leases.
(a) The grantor in any deed or other instrument of conveyance
or any lessor in any lease or other instrument whereby any real
property is let for a period of time shall disclose in
such the
deed, lease or other instrument the fact that
such the property or
the subsurface of
such the property, (whether or not the grantor or
lessor is at the time of
such the conveyance or lease the owner of
such the subsurface) was used for the storage, treatment or
disposal of hazardous waste. The provisions of this subsection only apply to those grantors or lessors who owned or had an
interest in the real property when the same or the subsurface
thereof was used for the purpose of storage, treatment or disposal
of hazardous waste or who have actual knowledge that
such the real
property or the subsurface thereof was used for
such that purpose
or purposes at any time prior thereto.
(b) Any grantee of real estate or of any substrata underlying
said the real estate or any lessee for a term who intends to use
the real estate conveyed or let or any substrata underlying the
same real estate
for the purpose of storing, treating or disposing
of hazardous waste shall disclose in writing at the time of such
the conveyance or lease or within thirty days prior thereto such to
the conveyance or lease
that fact to the grantor or lessor of such
the real estate or substrata. Such The disclosure shall describe
the proposed location upon said the property of the site to be used
for the storage, treatment or disposal of hazardous waste, the
identity of such the waste, the proposed method of storage,
treatment or disposal to be used with respect to such the waste and
any and all other information required by rules of the director.
(c) (1) The grantor in any deed or other instrument of
conveyance or any lessor in any lease or other instrument whereby
any real property is let for a period of time shall disclose in the
deed, lease or other instrument the fact that the property was used as a "meth lab," i.e., for the creation, storage, treatment or
disposal of crystal methamphetamine. The provisions of this
subsection only apply to those grantors or lessors who owned or had
an interest in the real property when it was used for the creation,
storage, treatment or disposal of crystal methamphetamine and who
have actual knowledge that the real property was used for the
purpose or purposes at any time prior thereto.
(2) Failure by the grantor in any deed or other instrument of
conveyance or any lessor in any lease or other instrument whereby
any real property is let for a period of time, to disclose in the
deed, lease or other instrument the fact that the property was used
as a "meth lab," i.e., for the creation, storage, treatment or
disposal of crystal methamphetamine, shall render the sale,
conveyance or lease of any such real property voidable at the
election of the buyer, grantee or lessee: Provided, That if the
property and structure on the land is certified to be one hundred
percent free of crystal methamphetamine this provision does not
apply.
NOTE: The purpose of this bill is to protect potential
property buyers or lessees by requiring property owners to disclose
the previous existence on the property of a crystal methamphetamine
lab.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.