H. B. 2402
(By Delegate Walters, By Request)
[Introduced March 4, 1997; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact section five, article six, chapter
eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to municipal
annexation of public property; county-wide vote required.
Be it enacted by the Legislature of West Virginia:
That section five, article six, chapter eight of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 6. ANNEXATION.
PART IV. ANNEXATION BY MINOR BOUNDARY ADJUSTMENT.
§8-6-5. Annexation by minor boundary adjustment.
In the event a municipality desires to increase its
corporate limits by making a minor boundary adjustment, the
governing body of such the municipality may apply to the county commission of the county wherein the municipality or the major
portion of the territory thereof, including the territory to be
annexed, is located for permission to effect such the annexation
by minor boundary adjustment.
Such The application shall disclose the number of persons
residing in the territory to be annexed to the corporate limits
by the proposed change, and shall have attached thereto an
accurate map showing the metes and bounds of such the additional
territory.
If satisfied that the proposed annexation is only a minor
boundary adjustment, the county commission shall order
publication of a notice of the proposed annexation to the
corporate limits and of the date and time set by the commission
for a hearing on such the proposal. Publication shall be as in
the case of an order calling for an election, as set forth in
section two of this article. A like notice shall be prominently
posted at not less than five public places within the area
proposed to be annexed.
If the freeholders of the area proposed to be annexed who
are present or are represented at the hearing are not
substantially opposed to the proposed boundary change, the
commission may enter an order changing the corporate limits of
the municipality as requested, which order may be reviewed by the circuit court as an order of a county commission ordering an
election may be reviewed under section sixteen, article five of
this chapter. After the date of such the order, the corporate
limits of the municipality shall be as set forth therein, unless
judicial review is sought under the provisions of said the
section sixteen. If the proposed change is substantially opposed
at the hearing by any such freeholder, the commission shall
dismiss the application. Dismissal of any such application shall
not preclude proceedings in accordance with the provisions of
sections two and three or section four of this article. The
municipality shall pay the costs of all proceedings under this
section. Notwithstanding any provision of this section to the
contrary, no public roadway or other public property may be
annexed by a municipality without a county-wide vote on the
proposed annexation.
NOTE: The purpose of this bill is to require a county-wide
vote on a municipality's proposed annexation of a public highway
or other public property.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.