West Virginia House Bill HB2977

West Virginia 2023 Regular Session

• Introduced: 1/24/23
• Refer: 1/24/23

Caption

Reducing to one year the deadline for right to set aside deed

Impact

The impact of HB 2977 on West Virginia's state laws is noticeable as it alters the existing provisions concerning tax sales and the rights of property owners and potential purchasers. By enforcing a stricter timeline on setting aside deeds, the bill attempts to balance interests between protecting individuals who may not have received notification and ensuring that property transactions remain stable and predictable. It effectively centralizes the authority of notification and compliance within a one-year frame, which could potentially speed up tax sale resolutions.

Summary

House Bill 2977 seeks to amend the Code of West Virginia by reducing the timeframe for individuals to set aside a deed in cases where they were not properly notified of a tax sale. Specifically, the bill proposes to shorten the current two-year period to one year for instituting a civil action to set aside a deed. This change is significant as it aims to streamline the process and provide clearer timelines for all parties involved in property tax sales, particularly for those who believe their notification rights were violated.

Sentiment

Discussions among legislators reflect a general sentiment that favors balancing the need for efficiency in property transactions with the necessity of ensuring that individuals receive adequate notification regarding tax sales. While proponents argue that this bill enhances the regulatory framework for tax sales, concerns have been raised over whether the reduction in time limits could disadvantage owners who may have valid claims to set aside deeds but are unable to meet the new timeframe due to various circumstances.

Contention

One of the notable points of contention surrounding HB 2977 involves the potential implications for individuals who fail to receive timely notification of tax sales. Critics suggest that the bill may inadvertently undermine property rights by constraining the avenues available for property owners to contest tax deeds. This raises questions about equal protections under the law, particularly for vulnerable populations who may rely on extended timelines to assert their rights to property, thus highlighting a crucial debate on the balance between property rights and regulatory efficiency.