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Introduced Version - Originating in Committee House Concurrent Resolution 70 History

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HOUSE CONCURRENT RESOLUTION 70

(By Delegate Howell)

[Originating in the Committee on Economic Development and Tourism; Reported on March 7, 2023]

 

Requesting That the Joint Committee on Government and Finance commission a study by the Department of Economic Development to assess whether municipality and/or county selective regulation of short-term rental properties is violating constitutionally guaranteed private property and contract rights and if so, whether there is necessity for state legislation to prevent such unconstitutional violations by municipalities and/or counties from such  violation of constitutionally guaranteed private property and contract rights.

Whereas, The many tourist attractions across West Virginia are increasing the demand for short-term rental properties, including, but not limited to "Air Bed & Breakfast" (or "Air B&B") properties; and

Whereas, There are reports that municipalities, such as Davis, West Virginia, and possibly other municipalities and/or counties, are by local ordinance limiting the short-term rentals of a property, in whole or in part, or regulating the duration, frequency, or location of such short-term rental property, in whole or in part; and

Whereas, Such local regulation(s) are not being applied uniformly to all rental properties, without regard to whether such properties are used as a short-term rental; and

Whereas, The unequal application of such ordinances to only certain rental properties, are reported to be impinging on the lawful, productive and highest and best economic use of private property resulting in lost revenue and other consequential damages; and

Whereas, The authority of a municipality or county to uniformly regulate the commercial use of real estate in designated areas through planning or zoning ordinances is recognized; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance commission a study by the Department of Economic Development to assess whether municipality and/or county selective regulation of short-term rental properties is violating constitutionally guaranteed private property and contract rights and if so, whether there is necessity for state legislation to prevent such unconstitutional violations by municipalities and/or counties from such  violation of constitutionally guaranteed private property and contract rights.

Further Resolved, That the Department of Economic Development shall report its findings in writing to the Joint Committee on Government and Finance not later than the interim session of December 2023, for the purposes of preparing legislation for the 2024 Regular Session; and be it

Further Resolved, That the expenses necessary to conduct this study, prepare a report, and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

 

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