HB 2550 Text

H. B. 2550

(By Delegates Doyle and Manuel)

[Introduced February 26, 2001 ; referred to the

Committee on the Judiciary then Finance.]

A BILL to amend and reenact section two, article two, chapter fourteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that actions in which the state is a party be brought in the county which is affected or related to the controversy.

Be it enacted by the Legislature of West Virginia:

That section two, article two, chapter fourteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 2. CLAIMS AGAINST THE STATE.

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

(a) The following proceedings, with the agreement of the parties, ~~shall~~ may be brought and prosecuted ~~only~~ in the circuit court of Kanawha County:

(1) Any suit in which the governor, any other state officer, or a state agency is made a party defendant, except as garnishee or suggestee.

(2) Any suit attempting to enjoin or otherwise suspend or affect a judgment or decree on behalf of the state obtained in any circuit court.

If any party to any action, as described in subdivisions (1) and (2) of this section, does not agree to venue lying in the circuit court of Kanawha County, then the action shall be tried in the county bearing the greatest relation to the controversy at hand.

(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.

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 VI of the constitution of the state.

NOTE: The purpose of this bill is to remove the requirement that venue properly lies in Kanawha County in relation to certain controversies involving the state.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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