H. B. 2027
(By Delegates Faircloth and Manuel)
[Introduced January 16, 1995; referred to the
Committee Political Subdivisions.]
A BILL to amend and reenact sections two and three, article
twelve-a, chapter seven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the establishment of maintenance associations along state or
public roads in unincorporated areas, and including the
installation of street lights as a permissible improvement
by maintenance associations.
Be it enacted by the Legislature of West Virginia:
That sections two and three, article twelve-a, chapter seven
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 12A. MAINTENANCE ASSOCIATIONS.
§7-12A-2. Purpose of the maintenance association.
Maintenance associations may be established in any county outside an incorporated area to protect the health, safety and
welfare of persons and the general public located within the
designated maintenance association area. The maintenance
association shall be created with the objective of establishing
and maintaining improvements for the area designated in the
petition, which may include constructing and maintaining shared
streets, drainage facilities, sidewalks, water and sewer systems,
signs, street lights and other improvements necessary for the
protection of health, safety and welfare of the general public.
§7-12A-3. Petition to establish maintenance association.
(a) A petition in writing may be made to the county
commission, that duly verifies that persons owning sixty percent
of the frontage of the lots on both sides of any orphan road, or
subdivision road, or state or public road in any unincorporated
area request the approval of the formation of a maintenance
association. The petition shall be accompanied by the proposed
maintenance association's recordable documents that establish the
association.
(b) Upon the filing of such petition and the proposed
maintenance association documents, the county commission shall
fix a time and place for hearing protests and shall require the
petitioners to post notice of such hearing in at least two conspicuous places on the public road, orphan road or subdivision
road of the area affected, and to give notice thereof by
publication of such notice as a Class I legal advertisement in
compliance with the provisions of article three, chapter
fifty-nine of this code. The publication area for such
publication shall be the county in which the maintenance
association shall be located. The hearing shall be held not less
than ten nor more than thirty days after the filing of such
petition.
(c) At the time and place set for hearing protests, the
county commission may examine witnesses and consider other
evidence to show that:
(1) Said petition was filed in good faith;
(2) The signatures on the petition are genuine;
(3) The maintenance association document addresses the
maintenance association purpose; and
(4) The proposed maintenance association will result in
special benefits to all owners of residential property abutting
on said orphan road, or subdivision road, or state or public
road.
The commission shall within ten days thereafter enter a
formal order stating its decision.
(d) Any owner of residential property abutting upon said
orphan road, or subdivision road, or state or public road
aggrieved by such order shall have the right to review the order
on the record made before the county commission by filing a
petition with the clerk of the circuit court within ten days
after the entry of such order. The owner shall give bond in an
amount to be fixed by the circuit court sufficient to pay costs
or expenses incurred by the court and the maintenance association
upon appeal if the order of the county commission is affirmed.
The circuit court shall proceed to review the matter as in other
appeals from the county commission.
NOTE: The purpose of this bill is to authorize the
establishment of maintenance associations along state or public
roads in unincorporated areas, and to include the installation of
street lights as a permissible improvement by maintenance
associations.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.