COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 276
(By Senator Sypolt)
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[Originating in the Committee on the Judiciary;
reported March 12, 2009.]
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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 on the bringing of any civil action derived from
the actual surveying of real property more than ten years
after the performance of the services is accepted.
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 the services or construction:
Provided, That the above period shall be tolled
according pursuant
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 in question has been
occupied or accepted by the owner of the real property, whichever
occurs first,
or the survey of the real property has been accepted.
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(NOTE: The purpose of this bill is to impose a ten-year
statute of limitations on any civil action arising out of the
actual surveying of real property, starting after the performance
of the services has been accepted. Strike-throughs indicate
language that would be stricken from the present law, and
underscoring indicates new language that would be added.)