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WV HB4962

WV HB4962
Drug-Related Nuisances


summary

Introduced
01/29/2026
In Committee
02/04/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §60A-5-510, relating to drug-related nuisances; declaring certain violations of controlled substances law may create a public nuisance; authorizing a county or municipality to file an action to abate the nuisance; clarifying the relief which may be provided by the court; providing factors to be considered in an order of closure of a property; and creating civil penalties.

AI Summary

This bill proposes to add a new section to West Virginia law that defines properties used to facilitate violations of controlled substances laws, such as the sale or manufacture of illegal drugs, as public nuisances. This means that if a property is involved in drug-related illegal activities, it can be legally addressed as a public nuisance. The bill authorizes counties or municipalities to file lawsuits in circuit court to stop these nuisances and prevent them from continuing. If a nuisance is proven, the court can issue a temporary injunction, which is a court order to stop the illegal activity, and can also order the property to be closed, even without requiring a security bond from the party seeking the injunction. When deciding whether to order a property closure, the court must consider several factors, including how long and how severe the nuisance has been, whether the property owner has tried to fix previous problems, how the nuisance affects neighbors or businesses, and the impact of a closure on innocent residents or occupants, including whether they have other housing options or are facing eviction.

Committee Categories

Justice, Military Affairs and Security

Sponsors (11)

Last Action

On 2nd reading, Special Calendar (on 02/25/2026)

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