(A) Authorization.
(1) The Authority may file an action in circuit court to quiet title to real property in which the Authority has an interest.
(2) The Authority may join in a single complaint to quiet title to one or more parcels of real property.
(3) For purposes of an action under this section, the Authority shall be deemed to be the holder of sufficient legal and equitable interests and possessory rights so as to qualify the land reuse agency as an adequate complainant in the action.
(B) Procedural requirements.
(1) Prior to the filing of an action to quiet title, the Authority must conduct an examination of title to determine the identity of any person possessing a claim or interest in or to the real property.
(2) Service of the complaint to quiet title shall be provided in accordance with the requirements to serve a civil complaint generally, including that service to interested parties be made as follows:
(a) By first class mail to the identity and address reasonably ascertainable by an inspection of public records;
(b) In the case of occupied real property, by first class mail, addressed to “occupant”;
(c) By posting a copy of the notice on the real property;
(d) By publication; and
(e) As ordered by the court.
(3) As part of the complaint to quiet title, the Authority must file an affidavit identifying:
(a) Persons discovered under division (B)(1) above; and
(b) The form of service under division (B)(2) above.
(C) Hearing.
(1) The court shall schedule a hearing on the complaint within 90 days following filing of the complaint and as to all matters upon which an answer was not filed by an interested party.
(2) The court shall issue its final judgment within 120 days of the filing of the complaint.
(D) Procedures. The procedures set forth herein are under the Authority of W. Va. Code 31-18E-16.
(Ord. passed 5-7-2019)