The proposed bill aims to establish the Uniform Unlawful Restriction in Land Records Act in West Virginia, which provides a legal framework for property owners to amend existing deeds that contain unlawful restrictions based on discriminatory criteria such as race, religion, or disability. The bill introduces new articles (36-3A-1 to 36-3A-9) that define key terms, outline the amendment process, and specify the responsibilities of county clerks in recording these amendments. Notably, it allows property owners to submit amendments to remove unlawful restrictions and enables governing bodies of associations to do so without requiring a vote from members.

Additionally, the bill includes provisions that ensure the amendments do not affect the validity of other non-unlawful restrictions and clarifies that the county clerks are not liable for recording these amendments. It emphasizes the importance of uniformity in the application of this law across jurisdictions and modifies certain aspects of the Electronic Signatures in Global and National Commerce Act to align with the new provisions. Overall, the bill seeks to eliminate discriminatory practices in land records and facilitate a more equitable property ownership landscape in West Virginia.

Statutes affected:
Introduced Version: 36-3A-1, 36-3A-2, 36-3A-3, 36-3A-4, 36-3A-5, 36-3A-6, 36-3A-7, 36-3A-8, 36-3A-9