
COMMITTEE SUBSTITUTE
FOR
H. B. 2054
(By Delegates Amores, Faircloth,
Hrutkay, Craig and Manuel)
(Originating in the Committee on the Judiciary)
[January 15, 2003]
A BILL to amend article four, chapter thirty-six of the code of
 West Virginia, one thousand nine hundred thirty-one, as
 amended, by adding thereto a new section, designated section
 eighteen, relating to certain unlawful covenants; and
 requiring the clerk of the county commission to execute,
 record and post a disclaimer.
Be it enacted by the Legislature of West Virginia:
 That article four, chapter thirty-six of the code of West
 Virginia, one thousand nine hundred thirty-one, as amended, be
 amended by adding thereto a new section, designated section
 eighteen, to read as follows:
That article four, chapter thirty-six of the code of West
 Virginia, one thousand nine hundred thirty-one, as amended, be
 amended by adding thereto a new section, designated section
 eighteen, to read as follows:
ARTICLE 4.  COVENANTS.
§36-4-18.  Recorded disclaimer of unlawful restrictions.
 The clerk of the county commission shall execute, record and
 post in a prominent place in the county record room a document that
 disclaims the validity and enforceability of certain restrictions
 and covenants in deeds.  The document shall contain a disclaimer in substantially the following form:
The clerk of the county commission shall execute, record and
 post in a prominent place in the county record room a document that
 disclaims the validity and enforceability of certain restrictions
 and covenants in deeds.  The document shall contain a disclaimer in substantially the following form:
 "Except as provided in section eight, article eleven-a,
 chapter five of the code of West Virginia, it is the law of this
 state that certain covenants or restrictions that are based on
 race, color, religion, ancestry, sex, familial status, blindness,
 handicap or national origin are invalid and unenforceable.  If an
 invalid covenant or restriction is contained in a document that is
 recorded in this county, the invalid covenant or restriction is
 void notwithstanding its recordation."
"Except as provided in section eight, article eleven-a,
 chapter five of the code of West Virginia, it is the law of this
 state that certain covenants or restrictions that are based on
 race, color, religion, ancestry, sex, familial status, blindness,
 handicap or national origin are invalid and unenforceable.  If an
 invalid covenant or restriction is contained in a document that is
 recorded in this county, the invalid covenant or restriction is
 void notwithstanding its recordation."
 This section is new; therefore, strike-throughs and
 underscoring have been omitted.
This section is new; therefore, strike-throughs and
 underscoring have been omitted.