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WV HB5416

Bill

Status

Engrossed

2/25/2026

Primary Sponsor

George Miller

Click for details

Origin

House of Delegates

2026 Regular Session

AI Summary

  • Exempts incorporated churches and religious organizations from trustee-based property transaction requirements under West Virginia Code §35-1-9 and §35-1-10, allowing them to follow corporate governance procedures instead.

  • Requires unincorporated churches to publish notice as a Class II legal advertisement or announce at two principal services over two weeks before selling, conveying, or placing liens on real estate.

  • Creates new §35-1-10a validating all property conveyances, mortgages, and liens executed by church trustees prior to incorporation, ensuring these transactions remain enforceable without reauthorization or rerecording.

  • Transfers all rights, obligations, and liabilities from pre-incorporation property transactions to the newly incorporated entity by operation of law upon incorporation.

  • Protects lenders, purchasers, trustees, and third parties who relied in good faith on the validity of property transactions executed before a church's incorporation.

Legislative Description

relating to authority and notice requirements for religious organizations

Last Action

To Judiciary

2/26/2026

Committee Referrals

Judiciary2/26/2026
Judiciary2/17/2026
Legal Services2/13/2026
Judiciary2/10/2026

Full Bill Text

No bill text available