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Introduced Version Senate Bill 495 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia Legislature

2016 regular session

Introduced

Senate Bill 495

By Senator Walters

[Introduced February 3, 2016;
Referred to the Committee on the Judiciary.
]

A BILL to amend and reenact §55-2-3 of the Code of West Virginia, 1931, as amended, relating to entry upon or recovery of lands by infants, insane persons, military personnel or reservists.

Be it enacted by the Legislature of West Virginia:


That §55-2-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.


§55-2-3. Entry upon or recovery of lands by persons under disability infants, insane persons, military personnel, or reservists.

If, at the time at which when the right of any a person to make an entry on, or bring an action to recover, any land shall have first accrued, such the person was an infant, or an insane person, a member of the military who has been deployed, or a reservist, then such the person, or the person claiming through him or her, may, notwithstanding such period of ten years shall have expired the ten-year period provided in section one of this article, make an entry on, or bring an action to recover, such the land within five years next after the time at which the person to whom such the right shall have first accrued as aforesaid shall have ceased to be under such disability as existed when the same so accrued, or shall have died, whichever shall first have happened an infant, insane, a deployed member of the military, or a reservist, or died, whichever happened first.

 

 

NOTE: The purpose of this bill is to allow military personnel and reservists the additional five-year period to enter upon or recover land already allowed to infants and the insane.

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

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