WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 4452

By Delegates Hillenbrand, Chiarelli, Coop-Gonzalez, and Martin

[Introduced January 16, 2026; referred to the Committee on the Judiciary]

A BILL to amend and reenact §35-1-8 of the Code of West Virginia, 1931, as amended, relating to removing "Mortmain" restrictions on religious organizations.

Be it enacted by the Legislature of West Virginia:

ARTICLE 1. RELIGIOUS ORGANIZATIONS.

§35-1-8. Quantity of real estate trustee may take and hold Real estate for a trustee or trustees of a church, parish, congregation or branch.

The trustee or trustees of any individual church, parish, congregation or branch of any religious sect, society or denomination within this state may take and hold at any one time for each church, parish or congregation not to exceed ten acres of land in any incorporated city, town or village, and not to exceed sixty acres out of such city, town or village.

NOTE: The purpose of this bill is to remove "Mortmain" restrictions on religious organizations.

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