WEST virginia legislature

2020 regular session

Committee Substitute

for

House Bill 2696

By Delegate Howell, Bibby, Phillips, Sypolt, Cadle, Azinger, D. Jeffries, and Hott

[Originating in the Committee on Government Organization, January 13, 2020.]

A BILL to amend and reenact §14-1-20 and §14-1-21 of the Code of West Virginia, 1931, as amended, all relating to creating an additional index system for state-owned lands; providing that the county courts submit a list of lands the state obtained to the Auditor; providing that the Auditor create an index system; providing that the Auditor create a standard naming system; and providing for rule-making authority relating to the index system.

Be it enacted by the Legislature of West Virginia:

ARTICLE 1. CLAIMS DUE THE STATE.

§14-1-20. Lands of state — List by clerk.

The clerks of the county courts shall transmit to the Auditor a list of all lands in their respective counties purchased obtained by the state, under the provisions of §14-1-16 of this code, and set forth in such list all the information which they can obtain in relation to the lands mentioned therein. For each tract of land or lot so mentioned by any clerk of the county court, he or she shall receive $1 from the Treasury.

§14-1-21. Lands of state — Registration by Auditor.

(a) The Auditor shall, in a book kept for the purpose, register all such lands as are required to be embraced in the lists mentioned described in §14-1-20 of this code, describing when, how, and of whom, they were obtained, their situation, quantity and the title thereto, together with the price paid therefor by the state.

(b) The Auditor shall create an index system to reference lands purchased by the state, similar to those created and maintained by the counties of this state. The Auditor shall create a standard naming system to easily cross reference lands purchased by the state in the county indexes. The naming system, at a minimum, must include:

(1) The state agency purchasing the lands; and

(2) The county or counties where the land is located.

(c) The Auditor shall have rule-making authority relating to this index system under §29A-3-1 et seq. of this code. Any deed for state lands purchased after December 31, 2020, shall be recorded pursuant to the provisions of this section.

NOTE: The purpose of this bill is to create a naming convention to records lands owned by the state in an index system for easy cross-reference to county indexes.

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