Senate Bill No. 722
(By Senator Yoder)
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[Introduced February 19, 2007; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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A BILL to amend and reenact §8-6-1 of the Code of West Virginia,
1931, as amended, relating to authorizing a county commission
to nullify an annexation of unincorporated property under
certain conditions.
Be it enacted by the Legislature of West Virginia:
That §8-6-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6. ANNEXATION.
PART I. GENERAL.
§8-6-1. Annexation of unincorporated territory.
(a) Unincorporated territory may be annexed to and become part
of a municipality contiguous thereto only in accordance with the
provisions of this article.
(b) Any farmlands or operations as described in article
nineteen, chapter nineteen of this code which may be annexed into
a municipality shall be protected in the continuation of
agricultural use after being annexed.
(c) Any new imposition of a tax or any increase in the rate of
tax upon any business, occupation or privilege following annexation
shall be applied in accordance with the provisions of section five,
article thirteen, chapter eight of this code.
(d) A county commission may nullify an annexation of
unincorporated territory if:
(1) More than fifty percent of adjacent property owners
petition the municipality in opposition to the annexation; and
(2) The county has a land use plan which includes zoning; and
(3) The county commission reasonably finds that the annexation
would be injurious to a county's land use plan.
NOTE: The purpose of this bill is to allow a county
commission to nullify an annexation of unincorporated property
when: (1) More than fifty percent of adjacent property owners
petition the municipality in opposition to the annexation; (2) the
county has a land use plan which includes zoning; and (3) the
county commission reasonably finds that the annexation would be
injurious to a county's land use plan.
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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