West Virginia HB5197: Relating to Civil Action to Set Aside a Tax Deed

What the bill says

To amend and reenact §11A-4-4 of the Code of West Virginia, 1931, as amended, relating to the right to set aside deed when one entitled to notices was not properly notified; changing the time that such parties have to institute a civil action to set aside the deed from two years to one year. ARTICLE 4. REMEDIES RELATING TO TAX SALES. §11A-4-4. Right to set aside deed when one entitled to notice not notified. (a) If any person entitled to be notified under the provisions of §11A-3-55 of this code is not served with the notice as therein required, and does not have actual knowledge that s.

From the engrossed text, February 16, 2026:

A BILL to amend and reenact §11A-4-4 of the Code of West Virginia, 1931, as amended, relating to the right to set aside deed when one entitled to notices was not properly notified; changing the time that such parties have to institute a civil action to set aside the deed from two years to one year. ARTICLE 4. REMEDIES RELATING TO TAX SALES. §11A-4-4. Right to set aside deed when one entitled to notice not notified. (a) If any person entitled to be notified under the provisions of §11A-3-55 of this code is not served with the notice as therein required, and does not have actual knowledge that such notice has been given to others in time to protect his or her interests by redeeming the property, he or she, his or her heirs and assigns may, before the expiration of two one years year following the delivery of the deed, institute a civil action to set aside the deed. (b) Any person instituting a civil action pursuant to this section seeking to set aside a tax deed shall, as a condition precedent to the court allowing the action to proceed, tender to the clerk of the court in which the suit is pending the funds necessary to redeem the real estate. The court shall enter an order directing the …

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Sponsors

• Shamblin, Andy (R, 059) · primary sponsor