To remove Mortmain restrictions on religious organizations
Summary
HB4452 repeals West Virginia Code §35-1-8, which imposed limits on the amount of real estate that trustees of certain religious organizations could own and hold. By striking that section entirely, the bill removes the state’s remaining mortmain-style restriction on property ownership by religious trustees. The measure is framed as a cleanup of an older statutory limitation and is intended to give religious organizations greater flexibility in holding real property through trustees.
In practical terms, the bill allows trustees for qualifying religious organizations to acquire and retain real estate without the specific quantity restriction that previously existed in state law. The repeal affects Article 1 of Chapter 35 of the West Virginia Code and eliminates a statutory provision that had regulated how much land such trustees could hold. The bill takes effect 90 days after passage, on June 11, 2026.
Impact
The bill directly amends West Virginia’s property and religious-organization law by repealing §35-1-8 in its entirety. This removes a longstanding statutory limitation on the amount of real estate trustees of certain religious organizations may take and hold, thereby expanding the legal capacity of those entities to own property. The change primarily affects religious organizations, their trustees, and any property transactions involving land held for religious purposes.
Sentiment
The bill appears to have been broadly supported and noncontroversial in the Legislature. It passed the House by a wide margin, 90-2, and the Senate unanimously, 31-0. The strong vote totals suggest general agreement that the restriction was outdated and should be removed, with little visible opposition in the available record.
Contention
No committee debate or transcript is available, and the voting record shows minimal opposition. The only apparent point of contention is the underlying policy choice to eliminate mortmain restrictions altogether, which historically were designed to limit accumulation of land by religious bodies. The small number of House dissenters may have had concerns about preserving some form of property limitation, but no specific objections are documented in the provided materials.