SB 146
Uniform Unlawful Restriction in Land Records Act
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill, the Uniform Unlawful Restriction in Land Records Act, establishes a process for removing discriminatory restrictions from property deeds recorded in West Virginia. It allows property owners and the governing bodies of property owner associations to amend deeds to eliminate restrictions based on race, color, religion, national origin, sex, familial status, disability, or other personal characteristics, as long as those restrictions violate state or federal law. The bill outlines specific procedures for amending deeds and recording these amendments, aiming to address historical inequities in land ownership.
Key provisions
- Defines key terms related to land records, amendments, and unlawful restrictions.
- Allows property owners to amend deeds to remove unlawful restrictions.
- Provides a mechanism for governing bodies of property owner associations to remove unlawful restrictions from governing instruments.
- Specifies a form for owner-initiated amendments, ensuring clarity and legal validity.
- Requires amendments to be recorded in the land records of each county where the original document is recorded.
- States that amendments do not affect the validity of non-unlawful restrictions.
- Establishes a duty for recorders to record amendments and update indexes.
- Prioritizes uniformity in the application and interpretation of the act across jurisdictions.
Who is affected
- Property Owners
- Property Owner Associations
- Real Estate Professionals
- Local Government (County Commissions and Clerks)
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