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 through 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 of owners to do so without requiring a vote from members.
Additionally, the bill includes provisions that protect the validity of non-unlawful restrictions and outlines the responsibilities of the county commission clerk in recording these amendments. It emphasizes the importance of uniformity in application and construction of the law across jurisdictions and clarifies its relation to existing federal electronic signature laws. Overall, the bill seeks to eliminate discriminatory practices in property transactions and ensure that such unlawful restrictions do not persist in property records.
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