Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Introduced Version Senate Bill 276 History

DOWNLOAD  wpd  |  Email


sb276 intr
Senate Bill No. 276

(By Senator Sypolt)

____________

[Introduced February 17, 2009; referred to the Committee on the Judiciary.]

____________




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 to 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 real property 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 be added.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ***