March 12, 2010
 
Insurance Proceeds Lien Bill Awaits Governor’s Signature
 
By Tony Rutherford
Huntingtonnews.net Reporter
 
Charleston, WV (HNN) – Although a bill that establishes a vacant property registration program goes to a third reading Friday, March 12, the Senate approved 31-2 a companion bill that allows cities and counties to place a lien on insurance proceeds for debris removal from burned out structures.
 
Huntington tried to enact similar legislation as part of its pilot Home Rule program, but ran into opposition from insurance companies. Under the provision awaiting the governor’s signature, $5,000 (or 10% whichever is greater) of insurance proceeds would be withheld to clean up insured properties that burn.
 
Gov. Joe Manchin had previously during a tour of Huntington expressed his support for both pieces of legislation.
 
The legislation does not apply to personal property or payments for temporary housing and living expenses. The law specifically states the provision applies to real property.
 
You can read the legislation by clicking or pasting: http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HB4038 SUB.htm&yr=2010&sesstype=RS&i=4038