West Virginia legislation · 2026 Regular Session
West Virginia SB991: Codifying common law cause of action of public nuisance
Status: Introduced, February 18, 2026
What the bill says
To amend and reenact §8-12-5 of the Code of West Virginia, 1931, as amended; and to amend the code by adding a new section, designated §55-7-33, relating to codifying the common law cause of action of public nuisance in a manner consistent with its originally intended and historical applications. CHAPTER 8. MUNICIPAL CORPORATIONS. ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES. §8-12-5. General powers of every municipality and the governing body thereof. In additi.
From the introduced text, February 18, 2026:
A BILL to amend and reenact §8-12-5 of the Code of West Virginia, 1931, as amended; and to amend the code by adding a new section, designated §55-7-33, relating to codifying the common law cause of action of public nuisance in a manner consistent with its originally intended and historical applications. CHAPTER 8. MUNICIPAL CORPORATIONS. ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES. §8-12-5. General powers of every municipality and the governing body thereof. In addition to the powers and authority granted (ii) other provisions of this chapter; (iii) other general law; and (iv) any charter, and to the extent not inconsistent or in conflict with any of the foregoing except special legislative charters, every municipality and the governing body thereof shall have plenary power and authority therein by ordinance or resolution, as the case may require, and by appropriate action based and, subject to such terms and conditions as the governing body shall prescribe, to permit, without in any way limiting the power and authority granted by the provisions of article sixteen of this chapter, any person to construct and maintain a passageway, building or other structure overhanging or crossing the airspace above a public street, avenue, road, alley, way, sidewalk or crosswalk, but before …