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Bill

Bill

HB 4078

To repeal a provision of the code relating to the limitation on bringing an action to enter upon or recover lands

2026 Regular Session Introduced by Kathie Hess Crouse and 2 co-sponsors

HB 4078 repeals West Virginia's time limit for filing legal actions to recover or enter upon land, potentially allowing indefinite future property claims.

To House Judiciary
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Bill Summary · HB 4078

Legislative bill overview

HB 4078 proposes to repeal a West Virginia code provision that currently limits the time period during which someone can file a legal action to enter upon or recover lands (real property). This is a technical bill focused on modifying statutory time limitations for property-related claims.

Why is this important

Property title and possession disputes can affect land ownership and use rights. By repealing time limitations on such actions, the bill could allow property claims to be brought at any point in the future, potentially reopening old disputes or affecting the certainty of property ownership that typically develops over time.

Potential points of contention

  • Stability of property titles: Long-standing time limits (statutes of limitations) exist to provide certainty that property ownership is final after a certain period; removing them could destabilize property markets and create uncertainty for current owners.
  • Fairness to current possessors: Allowing indefinite claims to recover land could disadvantage individuals who have occupied or improved property for many years without challenge, believing their possession was secure.
  • Scope of the repeal: The bill's brief description doesn't clarify which specific situations this applies to (adverse possession, boundary disputes, etc.), leaving questions about unintended consequences.

Compiled from official sources — confirm details with the bill’s official record.

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