WEST virginia Legislature
2019 regular session
House Bill 2091
By Delegate Cowles
[Introduced January 9, 2019;
to the Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §7-2-2 of the Code of West Virginia, 1931, as amended, relating to increasing the minimum number of magisterial districts in a county from three to four.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. COUNTY AND DISTRICT BOUNDARIES; CHANGE OF COUNTY SEAT AND NAMES OF UNINCORPORATED TOWNS AND OF DISTRICTS.
§7-2-2. Magisterial districts; boundary lines.
Each county shall be laid
off by the county
court commission into magisterial districts,
not less than three four nor more than 10 in number, and as
nearly equal as may be in territory and population. The districts as they now
exist shall remain until changed by the county court commission.
The county court commission may, from time to time, increase or
diminish the number of such the districts, and change the
boundary lines thereof of the districts as necessity may require,
in order to conform the same them to the provisions of the Constitution
of the State.
Whenever the county
court shall deem commission finds it advisable to change the
boundary line between two or more districts, or to establish a new district out
of another or two or more districts, or to consolidate two or more existing
districts into one, it may make such the change, establishment or
consolidation, by an order entered of record. And if a survey be deemed is
necessary, it may employ the surveyor of lands for the county, or any other
competent surveyor, who shall survey and make a plat of the several districts
as the same they are thus altered, on which the new lines shall
be plainly delineated, noting particularly such the places of
notoriety or prominent objects through or by which such the lines
pass, and return such the plat and description to the court
and the same county commission. The plat shall be filed in the clerk's
office of such court office of the clerk of the county commission and
recorded by the clerk. But before such the districts shall be are
increased or diminished, or the boundary lines thereof changed, the court
county commission shall cause a notice of its intention to do so to be
posted on the front door of the courthouse of the county, and at some public
place in each district affected thereby, for at least 30 days prior to the term
of court the commission at which such this action
is proposed to be taken.
NOTE: The purpose of this bill is to increase the minimum number of magisterial districts in a county from three to four.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.