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Enrolled Version - Final Version House Bill 2028 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2018 regular session

ENROLLED

Committee Substitute

for

House Bill 2028

By Delegates Folk, Hanshaw, Shott, Dean, Fleischauer, Fluharty, McGeehan, Paynter, Martin And Wilson

[Passed March 8, 2018; in effect ninety days from passage.]

AN ACT to amend and reenact §14-2-2 of the Code of West Virginia, 1931, as amended, relating to the venue for suits and other actions against the state; allowing a plaintiff or petitioner to file a claim or petition against the state, a state officer, or state agency in the circuit court of a county in which the plaintiff or petitioner resides or in which a claim arose or, alternatively, in the circuit court of Kanawha County.

Be it enacted by the Legislature of West Virginia:


ARTICLE 2. CLAIMS AGAINST THE STATE.


§14-2-2. Venue for certain suits and actions.

(a) Any suit, action, or proceeding in which the state, the Governor, any other state officer, or a state agency is made a party defendant, or any suit attempting to enjoin or otherwise suspend or affect a judgment or decree on behalf of the state obtained in any circuit court, may be brought and prosecuted in the circuit court of any county wherein the plaintiff or petitioner who is appearing in the action or proceeding resides, or where the cause of action arose; or, alternatively, in the circuit court of Kanawha County.

(b) Any proceeding for injunctive or mandamus relief involving the taking, title, or collection for or prevention of damage to real property may be brought and presented in the circuit court of the county in which the real property affected is situate.

(c) This section shall apply only to such proceedings as are not prohibited by the Constitutional immunity of the state from suit under section thirty-five, article six of the Constitution of the State.


 

 

 

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