House 5603

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 5603

By Delegates Bridges, Dean, Clark, Vance, Dillon, and Foggin

[Introduced February 16, 2026; referred to the Committee on Government Organization]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §8-40-1, §8-40-2, §8-40-3, §8-40-4, §8-40-5, and §8-40-6, relating to out-of-state dilapidated property accountability act, establishing purpose, defining terms; requiring registration and designation of agent; requiring notice of violations; providing landowner notice of and duty to remedy violation; and establishing civil penalties.

Be it enacted by the Legislature of West Virginia:

Article 40. Out-of-State Dilapidated Property Accountability Act.

§8-40-1. Purpose.

The Legislature finds that abandoned and dilapidated properties owned by out-of-state landowners create public safety hazards, reduce property values, and burden local governments. The purpose of this section is to ensure accountability, timely remediation, and fair cost recovery.

§8-40-2. Definitions.

For purposes of this section:

(1) "Out-of-state landowner" means any individual or entity that owns real property within West Virginia and whose primary residence or principal place of business is located outside the state.

(2) "Dilapidated property" means any structure, pavement or parcel that:

(A) Is unsafe, unfit for human habitation, or structurally unsound;

(B) Is in violation of local or state building, housing, or fire codes; or

(C) Has been vacant and unsecured for a period exceeding twelve (12) consecutive months.

(3) "Enforcing authority" means a municipality, county commission, or authorized code enforcement agency.

§8-40-3. Registration Requirement.

(a) All out-of-state landowners shall register their ownership with the enforcing authority within sixty (60) days of acquiring property.

(b) Registration shall include:

(1) A physical mailing address;

(2) A designated in-state agent for service of process; and

(3) A current telephone number and electronic mail address.

(c) Failure to register shall constitute a separate violation subject to fines under §8-40-6 of this code.

§8-40-4. Notice of Violation.

(a) Upon determination that a property is dilapidated, the enforcing authority shall issue written notice to the landowner and designated agent.

(b) The notice shall specify:

(1) The conditions requiring remediation;

(2) A compliance deadline not less than thirty (30) days from receipt; and

(3) The penalties for failure to comply.

§8-40-5. Duty to Remedy.

Out-of-state landowners shall repair, secure, or demolish dilapidated structures in compliance with all applicable codes within the time specified in the notice.

§8-40-6. Monetary Penalties.

(a) Any out-of-state landowner who fails to comply shall be subject to civil penalties as follows:

(1) $15,000 for the first thirty (30) days of noncompliance;

(2) For each 30 days of noncompliance, the fine assessed will double.

(b) Each month of continued noncompliance constitutes a separate violation.

(c) Penalties shall accrue automatically without further notice.

NOTE: The purpose of this bill is to establish the Out-of-state Landowner Dilapidated Property Accountability Act.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.