West Virginia Code 31-18E-16 – Expedited quiet title proceedings
(a) Authorization. — (1) A land reuse agency may file an action in circuit court to quiet title to real property in which the land reuse agency has an interest.
Terms Used In West Virginia Code 31-18E-16
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
- Land reuse agency: means a public body established under this article. See West Virginia Code 31-18E-3
- Real property: means all lands, including improvements and fixtures on them and property of any nature appurtenant to them or used in connection with them and every estate, interest and right, legal or equitable, in them, including terms of years and liens by way of judgment, mortgage or otherwise, and indebtedness secured by the liens. See West Virginia Code 31-18E-3
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) A land reuse agency may join in a single complaint to quiet title to one or more parcels of real property.
(3) For purposes of an action under this section, the land reuse agency shall be deemed to be the holder of sufficient legal and equitable interests and possessory rights so as to qualify the land reuse agency as an adequate complainant in the action.
(b) Procedural requirements. — (1) Prior to the filing of an action to quiet title, the land reuse agency must conduct an examination of title to determine the identity of any person possessing a claim or interest in or to the real property.
(2) Service of the complaint to quiet title shall be provided in accordance with the requirements to serve a civil complaint generally, including that service to interested parties be made as follows:
(A) By first class mail to the identity and address reasonably ascertainable by an inspection of public records;
(B) In the case of occupied real property, by first class mail, addressed to "occupant";
(C) By posting a copy of the notice on the real property.
(D) By publication; and
(E) As ordered by the court.
(3) As part of the complaint to quiet title, the land reuse agency must file an affidavit identifying:
(A) Persons discovered under subdivision (1) of this subsection; and
(B) The form of service under subdivision (2) of this subsection.
(c) Hearing. — (1) The court shall schedule a hearing on the complaint within ninety days following filing of the complaint and as to all matters upon which an answer was not filed by an interested party.
(2) The court shall issue its final judgment within one hundred twenty days of the filing of the complaint.