Bill Text: VA SB67 | 2011 | Regular Session | Introduced
Bill Title: Adverse possession; abolition.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-12-02 - Senate: Left in Courts of Justice [SB67 Detail]
Download: Virginia-2011-SB67-Introduced.html
10103188D Be it enacted by the General Assembly of Virginia: 1. That §§ 55-171 and 57-17 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 8.01-218.1 as follows: § 8.01-218.1. Adverse possession abolished. No action or defense shall lie or be maintained in the Commonwealth for adverse possession upon which the action or defense arose on or after July 1, 2010. § 55-171. Annual report to escheator; lands not liable. Each treasurer shall, every May, furnish to the escheator of
his county or city a list of all lands within his district of which any person
has died seised of an estate of inheritance (i) intestate and without any known
heir, or (ii) testate without disposing of all property by will and without
leaving any surviving heir to inherit the property. No land shall be liable to
escheat which for § 57-17. Conveyance of church land held in adverse possession. Whenever any church in the Commonwealth has been in the undisputed possession, for a period of 25 years or more prior to July 1, 2010, of any real estate, and for which there is no deed of record, the church, after giving notice once a week for four successive weeks in some newspaper published in, or having general circulation in, the county or city in which such real estate is, may file a petition in the circuit court of such county, or any court of record of such city, duly sworn to, which petition shall set forth the fact that the real estate mentioned therein has been in the undisputed possession of such church for a period of 25 years or more prior to July 1, 2010, and shall give the true boundaries of such real estate. Upon the hearing of such petition, if the court shall be satisfied that the real estate mentioned has been in the undisputed possession of such church for a period of 25 years or more prior to July 1, 2010; that the boundaries mentioned in the petition are the true boundaries of such real estate; and that such petition has been filed by the proper party, it may appoint a special commissioner to make conveyance of such real estate to the church, with covenant of special warranty.
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