Senate Bill No. 276
(By Senator Sypolt)
[Introduced February 17, 2009; referred to the Committee on the
A BILL to amend and reenact §55-2-6a of the Code of West Virginia,
1931, as amended, relating to imposing a statute of
limitations for the bringing of any civil action derived from
the actual surveying of real property more than ten years
after the performance or furnishing of such services.
Be it enacted by the Legislature of West Virginia:
That §55-2-6a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. LIMITATION OF ACTIONS AND SUITS
§55-2-6a. Deficiencies, injuries or wrongful death resulting from
any improvements to or survey of real property;
limitation of actions and suits.
No action, whether in contract or in tort, for indemnity or
otherwise, nor any action for contribution or indemnity to recover
damages for any deficiency in the planning, design, surveying,
observation or supervision of any construction or the actual
construction of any improvement to real property, or the actual surveying of real property,
or, to recover damages for any injury
to real or personal property, or, for an injury to a person or for
bodily injury or wrongful death arising out of the defective or
unsafe condition of any improvement to real property, or the survey
of real property,
may be brought more than ten years after the
performance or furnishing of such services or construction.
Provided, That However,
the above period shall be tolled according
the provisions of
section twenty-one of this article. The
period of limitation provided in this section shall not commence
until the improvement to the real property, or the survey of the
in question has been occupied or accepted by the
owner of the real property, whichever occurs first.
NOTE: The purpose of this bill is to impose a ten year statute
of limitations on any civil action derived from the actual
surveying of real property, starting after the performance or
furnishing of such services.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would