West Virginia Constitution Article XIII. Land Titles
Here is an overview of Article XIII – Land Titles from the West Virginia Constitution:
West Virginia Constitution
Article XIII – Land Titles
Purpose:
This article addresses the legal framework concerning land titles in West Virginia. It primarily deals with state control over land ownership rights, the settlement of title disputes, and the process for reclaiming or taxing unoccupied or unappropriated lands.
Key Provisions:
Confirmation of Land Titles (§1):
The state recognizes and confirms titles to lands that were legally granted under Virginia law (prior to West Virginia’s statehood in 1863), provided those titles do not conflict with West Virginia laws or public policy.
Forfeited and Unappropriated Lands (§2 - §3):
Land that has been forfeited to the state due to non-payment of taxes or failure to meet legal obligations may be sold or regranted under state law.
The legislature is responsible for regulating how these lands are managed and regranted, ensuring transparency and fairness.
Land Commission (§4):
A Land Commission can be created by law to help investigate and determine disputes over land claims, especially concerning lands forfeited or of uncertain title.
Right to Recover (§5):
Persons who can prove rightful ownership of land forfeited or improperly held have the right to reclaim it, subject to certain limitations and processes established by law.
No Private Titles by Occupation Alone (§6):
Simply occupying or using land does not create a legal claim or title. Ownership must be based on formal grant or lawful acquisition.
Claims Based on Surveys (§7):
Land claims based on Virginia land surveys made prior to West Virginia statehood must still meet West Virginia's current legal standards to be upheld.
Historical Context:
When West Virginia separated from Virginia during the Civil War (1863), many land titles were left in uncertainty, especially in remote or sparsely populated areas.
This article aimed to clarify legal title, resolve conflicting claims, and enable productive use of forfeited or idle lands.
Practical Implications:
Encourages responsible land ownership and use.
Provides a process for resolving historical or unclear land claims.
Protects the state’s interest in recovering revenue or land where legal obligations (like taxes) haven't been fulfilled.
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