H. B. 3048
(By Delegate Howell, By request)
[Introduced March 22, 2013; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, be
amended by adding thereto a new section, designated §7-1-16
relating to authority and jurisdiction of county commissions
to hear actions for ejectment and other actions in resolution
of real property prescriptive easements or disputes.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §7-1-16, to read as
follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-16. Authority and jurisdiction of county commissions to hear
__actions for ejectment and other actions in resolution
__of real property prescriptive easements or disputes.
_____(a) County commissions are hereby vested with concurrent jurisdiction to hear and adjudicate actions for ejectment
established in article four, chapter fifty-five of this code.
_____(b) A real property owner aggrieved the use of or entry upon
his or her property by another by assertion of an alleged right of
prescriptive easement may petition the county commission to close
the prescriptive easement, if:
_____(1) A described right of way exists at another location on,
the aggressors real property providing access to a public road or
thoroughfare;
_____(2) The aggressors real property adjoins a public road or
thoroughfare and the aggressor is using enjoinment to egress and
ingress the property; and
_____(3) The closing of the prescriptive easement will not cause
undue hardship or monetary cost upon the aggressor.
_____(c) Petition to close must be filed with county commission in
writing.
_____(d) The county commission must set a hearing date within six
months of the petition being filed.
_____(e) The county commission may refer the issue described in
this section of the county planning commission.
NOTE: The purpose of this bill is
authorize county commissions
to hear actions for ejectment and other actions in resolution of
real property prescriptive easements or disputes.
This section is new; therefore, it has been completely
underscored.