Changeflow GovPing Government & Legislation Removes Mortmain Restrictions on Property Owner...
Routine Rule Removed Final

Removes Mortmain Restrictions on Property Ownership

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Published March 30th, 2026
Detected April 1st, 2026
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Summary

West Virginia HB4452 removes Mortmain restrictions from state law, eliminating antiquated prohibitions that limited property ownership by religious and charitable organizations. The bill was signed into law on March 30, 2026, modernizing property ownership rules for affected entities.

What changed

West Virginia House Bill 4452 removes Mortmain restrictions—historically medieval-era prohibitions that prevented 'dead hands' (religious orders and charitable institutions) from holding property beyond certain timeframes or without legislative approval. The bill affects property ownership rules in the West Virginia Code.

Affected organizations (religious institutions, charities, nonprofits) should review their property holding arrangements to ensure compliance with updated requirements. This change removes prior restrictions rather than adding new obligations, so no immediate compliance action is required. Organizations should verify whether prior approval processes are now unnecessary for property transactions.

Source document (simplified)

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Bill Status - 2026 Regular Session

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House Bill 4452

| | Legislative Session: 2026(RS) |
| LAST ACTION: | Completed Legislation |
| SUMMARY: | To remove Mortmain restrictions on religious organizations |
| LEAD SPONSOR: | Hillenbrand |
| SPONSORS: | Chiarelli, Coop-Gonzalez, Martin |
| BILL TEXT:
Bill Definitions | Enrolled Version - html | pdf | docx
Engrossed Version - html | pdf | docx
Introduced Version - html | pdf | docx |
| CODE AFFECTED: | §35—1—8 (Amended Code) |
| | |
| | |
| FISCAL NOTES: | Tax & Revenue Department, WV State |
| | |
| COM. AMENDMENTS:
Com. Amend. Definitions | hb4452 h finance am _1.htm
hb4452 h finance am _1 adopted.htm
hb4452 h fin amt.htm
hb4452 h fin amt adopted adopted.htm
hb4452 h fin amt adopted.htm |
| | |
| | |
| | |
| SUBJECT(S): | Estates and Trusts |

ACTIONS:
| | Description | Date | Journal Page |
| --- | --- | --- | --- |
| Completed Legislation | | | |
| H | To Governor 3/30/2026 | 03/30/26 | |
| S | Completed legislative action | 03/13/26 | |
| S | Communicated to House | 03/13/26 | 15 |
| S | Passed Senate (Roll No. 537) | 03/13/26 | 15 |
| S | Read 3rd time | 03/13/26 | 15 |
| S | On 3rd reading with right to amend | 03/13/26 | |
| S | Read 2nd time | 03/12/26 | 57 |
| S | Laid over on 2nd reading 3/11/2026 | 03/11/26 | 39 |
| S | On 2nd reading | 03/11/26 | |
| S | Read 1st time | 03/10/26 | 15 |
| S | Immediate consideration | 03/10/26 | 15 |
| S | Reported do pass | 03/10/26 | 15 |
| S | To Government Organization | 03/04/26 | 23 |
| S | To Government Organization | 03/04/26 | |
| S | Introduced in Senate | 03/04/26 | 23 |
| H | Communicated to Senate | 03/02/26 | |
| H | Title amendment adopted (Voice vote) | 03/02/26 | |
| H | Passed House (Roll No. 237) | 03/02/26 | |
| H | Read 3rd time | 03/02/26 | |
| H | On 3rd reading, Special Calendar | 03/02/26 | |
| H | Committee amendment adopted (Voice vote) | 02/27/26 | |
| H | Amendment reported by the Clerk | 02/27/26 | |
| H | Read 2nd time | 02/27/26 | |
| H | On 2nd reading, Special Calendar | 02/27/26 | |
| H | With amendment, do pass | 02/26/26 | |
| H | To House Finance | 02/16/26 | |
| H | Committed to Finance on 2nd reading | 02/16/26 | |
| H | Read 2nd time | 02/16/26 | |
| H | On 2nd reading, Special Calendar | 02/16/26 | |
| H | Read 1st time | 02/13/26 | |
| H | On 1st reading, Special Calendar | 02/13/26 | |
| H | Do pass | 02/12/26 | |
| H | Markup Discussion | 02/10/26 | |
| H | To House Judiciary | 02/09/26 | |
| H | Markup Discussion | 02/06/26 | |
| H | To House Legal Services | 02/06/26 | |
| H | To House Judiciary | 01/16/26 | |
| H | Introduced in House | 01/16/26 | |
| H | To Judiciary | 01/16/26 | |
| H | Filed for introduction | 01/16/26 | |
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Source

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Classification

Agency
WV House
Published
March 30th, 2026
Instrument
Rule
Legal weight
Binding
Stage
Final
Change scope
Minor
Document ID
HB 4452 (WV 2026)

Who this affects

Applies to
Religious organizations Nonprofits Real Estate
Industry sector
5311 Real Estate
Activity scope
Property Ownership Real Estate Transactions
Geographic scope
US-WV US-WV

Taxonomy

Primary area
Real Estate
Operational domain
Legal
Topics
Religious Institutions Nonprofit Organizations

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