West Virginia Legislature
Code of West Virginia, 1931
Official Recodification - Enacted December 31, 1930 - Effective January 1, 1931
Tabular Document Columns Read
About Staff Login
6,321 of 6,321 sections
Showing 5,401–5,450 of 6,321 sections
Code Chapter Article Section Heading Section Text Preview Status
54-2-5 Ch. 54 — EMINENT DOMAIN Procedure Commissioners; Qualification When it shall appear to the court, or the judge thereof in vacation, that proper notice has been given and that the case is one in which the applicant has lawfu… Proofed
54-2-6 Ch. 54 — EMINENT DOMAIN Procedure How Commissioners Appointed The appointment shall be made as follows: Thirteen disinterested freeholders shall be nominated by the court, or the judge thereof in vacation, of whom the appl… Proofed
54-2-7 Ch. 54 — EMINENT DOMAIN Procedure Oath of Commissioners Before entering upon the discharge of his duties, each commissioner shall take an oath before some person authorized by law to administer the same, that he will… Proofed
54-2-8 Ch. 54 — EMINENT DOMAIN Procedure Powers of Commissioners; Hearings Any three of the commissioners may act in the absence of the others, and any one of them may sign and issue subpoenas for witnesses in like manner as a justice,… Proofed
54-2-9 Ch. 54 — EMINENT DOMAIN Procedure Report of Commissioners; Elements of Damages The commissioners, after viewing the property and hearing any proper evidence which is offered, shall ascertain what will be a just compensation to the person e… Proofed
54-2-10 Ch. 54 — EMINENT DOMAIN Procedure Proceedings on Report; Trial by Jury Within ten days after such report is returned and filed as aforesaid either party may file exceptions thereto, and demand that the question of the compensation … Proofed
54-2-11 Ch. 54 — EMINENT DOMAIN Procedure Setting Aside Report; Recommittal; New Commissioners If good cause be shown against the report, or if it be defective or erroneous on its face, the court or judge thereof in vacation, as may seem to be proper, may… Proofed
54-2-12 Ch. 54 — EMINENT DOMAIN Procedure Vesting of Title in Applicant At any time within three months after the report, or verdict of a jury, if there be one, has been confirmed and ordered to be recorded, the sum so ascertained w… Proofed
54-2-13 Ch. 54 — EMINENT DOMAIN Procedure Entry on Land on Payment of Compensation After such report has once been made, whether it be set aside, recommitted, or new commissioners appointed, or not, or whether a trial by jury be demanded and h… Proofed
54-2-14 Ch. 54 — EMINENT DOMAIN Procedure Entry on Land by Corporate Body Politic If the applicant be the State of West Virginia, or any political subdivision thereof, on filing its petition as authorized in this article, if the court or judg… Proofed
54-2-15 Ch. 54 — EMINENT DOMAIN Procedure Alternative Procedure; Bond Any business corporation, entitled to exercise the powers of eminent domain under this chapter, may file with its petition a bond for a sufficient amount with g… Proofed
54-2-16 Ch. 54 — EMINENT DOMAIN Procedure Increase or Decrease in Award After Payment Into Court; Costs When, after such payment into court as is mentioned in section thirteen of this article, a subsequent report is made which is confirmed and ordered to be record… Proofed
54-2-17 Ch. 54 — EMINENT DOMAIN Procedure Effect of Payment of Such Excess When judgment is rendered against the applicant, pursuant to the preceding section, for any excess ascertained by such subsequent report or verdict, with intere… Proofed
54-2-18 Ch. 54 — EMINENT DOMAIN Procedure Disposition of Money Paid Into Court; Payment to Clerk Instead of Court To enable the court to dispose properly of any money paid into court, it may have inquiry made by a commissioner to ascertain what persons are entitled thereto,… Proofed
54-2-19 Ch. 54 — EMINENT DOMAIN Procedure Compensation of Commissioners and Jurors The commissioners and jurors shall receive the same compensation fixed by law for jurors in felony cases, to be taxed as a part of the costs of the proceeding. Proofed
54-2-20 Ch. 54 — EMINENT DOMAIN Procedure Recordation of Certified Copy of Condemnation Order When land or an estate or interest therein is taken or appropriated under the provisions of this chapter, the clerk of the court in which such proceeding is had… Proofed
55-1-1 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Statute of Frauds When Writing Required No action shall be brought in any of the following cases: (a) To charge any person upon or by reason of a representation or assurance concerning the character… Proofed
55-2-1 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Limitation of Actions and Suits Entry Upon or Recovery of Lands No person shall make an entry on, or bring an action to recover, any land, but within ten years next after the time at which the right to make such entry or to … Proofed
55-2-2 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Limitation of Actions and Suits Claim Not to Preserve Right as to Lands No continual or other claim upon or near any land shall preserve any right of making an entry or bringing an action. Proofed
55-2-3 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Limitation of Actions and Suits Entry Upon or Recovery of Lands by Persons Under Disability If at the time at which the right of any person to make an entry on, or bring an action to recover, any land shall have first accrued, such person was an infant… Proofed
55-2-4 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Limitation of Actions and Suits Limitations Upon Preceding Section The preceding section is subject to these provisos: That no such entry or action shall be made or brought by any person who, at the time at which his right to m… Proofed
55-2-5 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Limitation of Actions and Suits Enforcement of Liens No lien reserved on the face of any conveyance of real estate, or lien created by any trust deed or mortgage on real estate, shall be valid or binding as a lien… Proofed
55-2-6 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Limitation of Actions and Suits Limitation of Personal Actions Generally Every action to recover money, which is founded upon an award, or on any contract other than a judgment or recognizance, shall be brought within the following n… Proofed
55-2-7 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Limitation of Actions and Suits Actions on Bonds of Personal Representatives and Fiduciaries Generally The right of action upon the bond of an executor, administrator, guardian, curator, or committee, or of a sheriff acting as such, shall be deemed to have first … Proofed
55-2-8 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Limitation of Actions and Suits Acknowledgment by New Promise If any person against whom the right shall have so accrued on an award, or on any such contract, shall by writing signed by him or his agent promise payment of … Proofed
55-2-9 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Limitation of Actions and Suits Effect of Acknowledgment by Personal Representative or Joint Contractor No acknowledgment or promise by any personal representative of a decedent, or by one of two or more joint contractors, shall charge the estate of such decedent,… Proofed
55-2-10 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Limitation of Actions and Suits Devise Subject to Payment of Debts No provision in the will of any testator devising his real estate, or any part thereof, subject to the payment of his debts, or charging the same therewith, sha… Proofed
55-2-11 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Limitation of Actions and Suits Action or Scire Facias on Recognizance Every action or scire facias upon a recognizance shall, if it be not a recognizance of bail, be commenced within ten years next after the right to bring the sam… Proofed
55-2-12 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Limitation of Actions and Suits Personal Actions Not Otherwise Provided For Every personal action for which no limitation is otherwise prescribed shall be brought within five years next after the right to bring the same shall have accru… Proofed
55-2-13 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Limitation of Actions and Suits Foreign Judgments and Decrees Every action or suit upon a judgment or decree rendered in any other state or country shall be barred, if by the laws of such state or country such action or su… Proofed
55-2-14 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Limitation of Actions and Suits Suit to Repeal Land Grant A bill in equity to repeal, in whole or in part, any grant of land by this State or of the State of Virginia, shall be brought within ten years next after the d… Proofed
55-2-15 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Limitation of Actions and Suits General Saving as to Persons Under Disability If any person to whom the right accrues to bring any such personal action, suit or scire facias, or any such bill to repeal a grant, shall be, at the time the s… Proofed
55-2-16 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Limitation of Actions and Suits Death Before Right to Sue If a person die before the time at which any right mentioned in this article would have accrued to him if he had continued alive, and there be an interval of mo… Proofed
55-2-17 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Limitation of Actions and Suits When Suit Prevented by Defendant; Actions on Foreign Contracts Where any such right as is mentioned in this article shall accrue against a person who had before resided in this State, if such person shall, by departing with… Proofed
55-2-18 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Limitation of Actions and Suits Extension of Period After Abatement, Dismissal or Other Interfering Cause When Action Brought Within Limitation If any action or suit commenced within due time, in the name of or against one or more plaintiffs or defendants, abate as to one of them by the return of no inh… Proofed
55-2-19 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Limitation of Actions and Suits Application of Statute of Limitation to State Every statute of limitation, unless otherwise expressly provided, shall apply to the State. Proofed
55-2-20 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Limitation of Actions and Suits What Limitations Shall Apply to Rights and Remedies Existing When This Code Takes Effect No action, suit, scire facias, or other proceeding, which may be pending on the day before this Code takes effect, or the right to prosecute which, under the la… Proofed
55-3-1 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Unlawful Entry or Detainer Summons If any forcible or unlawful entry be made upon any land, building, structure, or any part thereof, or if, when the entry is lawful or peaceable, the tenant shal… Proofed
55-3-2 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Unlawful Entry or Detainer Assessment of Damages If the plaintiff file with the summons a statement of the profits and other damages which he means to demand, and the jury find in his favor, they shall at the … Proofed
55-3-3 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Unlawful Entry or Detainer Return Day and Service of Summons ; Plea; Issue and Trial The summons may be returnable to, and the case heard and determined at, any term of such court. Such summons shall be made returnable not more than ninety days … Proofed
55-3-4 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Unlawful Entry or Detainer Period of Limitation; Verdict and Judgment If it appear that the plaintiff was forcibly or unlawfully turned out of the possession, or that it was unlawfully detained from him, unless it also appear that… Proofed
55-3-5 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Unlawful Entry or Detainer Judgment Not a Bar to Action of Ejectment; Verdict Not Conclusive of Facts in Future Action No such judgment shall bar any action of ejectment between the same parties nor shall any such verdict be conclusive, in any such future action, of the facts th… Proofed
55-3-6 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Unlawful Entry or Detainer Equitable Defenses; Adverse Possession All the provisions of sections eleven, twelve, thirteen and sixteen of article four of this chapter shall prevail, and control the respective rights of the part… Proofed
55-4-1 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment When a Proper Remedy The action of ejectment is retained and may be brought as heretofore, subject to the provisions hereinafter contained. It may also be brought in the same cases … Proofed
55-4-2 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Venue Every such action shall be brought in the circuit court, or any other court given by any statute concurrent jurisdiction to try actions of ejectment, of the cou… Proofed
55-4-3 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Interest of Plaintiff No person shall bring such action unless he has, at the time of commencing it, a subsisting interest in the premises claimed, and a right to recover the same, o… Proofed
55-4-4 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Parties Defendant If the premises be occupied, the occupant shall be named defendant in the declaration; and whether they be occupied or not, any person exercising acts of owners… Proofed
55-4-5 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment How Action Commenced The action shall be commenced by the service of a declaration in which the name of the real claimant shall be inserted as plaintiff; and all the provisions of l… Proofed
55-4-6 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Declaration It shall be sufficient for the plaintiff to aver in his declaration that, on some day specified therein (which shall be after his title accrued), he was possess… Proofed
55-4-7 Ch. 55 — ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALES Ejectment Joinder of Parties Plaintiff The declaration may contain several counts, and several parties may be named as plaintiffs jointly in one count and separately in others. Proofed
… … Page 109 of 127
Loading…