Bill Text: WV SB495 | 2016 | Regular Session | Introduced
Bill Title: Allowing military personnel additional 5-year period to enter upon or recover land
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-02-03 - To Judiciary [SB495 Detail]
Download: West_Virginia-2016-SB495-Introduced.html
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.
