H. B. 3119
(By Delegates Moye, Kessler, Shook, Staggers,
Rodighiero and Sumner)
[Introduced February 19, 2007; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §8-6-4 of the Code of West Virginia,
1931, as amended, relating to requiring a public hearing and
county commission approval before state highways and other
public lands can be annexed by a municipality pursuant to an
annexation petition.
Be it enacted by the Legislature of West Virginia:
That §8-6-4 of the Code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:
ARTICLE 6. ANNEXATION.
PART III. ANNEXATION WITHOUT ELECTION.
§8-6-4. Annexation without an election.
(a) The governing body of a municipality may, by ordinance,
provide for the annexation of additional territory without ordering
a vote on the question if: (1) A majority of the qualified voters
of the additional territory file with the governing body a petition to be annexed; and (2) a majority of all freeholders of the
additional territory, whether they reside or have a place of
business therein or not, file with the governing body a petition to
be annexed.
(b) For purposes of this section, the term "qualified voter of
the additional territory" includes firms and corporations in the
additional territory regardless of whether the firm or corporation
is a freeholder. A firm or corporation may sign a petition by its
manager, president or executive officer duly designated in writing
by the firm or corporation. In any instance where a freeholder
leases or rents real property to a firm or corporation the
freeholder and the firm or corporation shall determine which entity
will be entitled to sign a petition relating to the proposed
annexation.
(c) The determination that the requisite number of petitioners
have filed the required petitions shall be reviewable by the
circuit court of the county in which the municipality or the major
portion of the territory thereof, including the area proposed to be
annexed is located, upon certiorari to the governing body in
accordance with the provisions of article three, chapter
fifty-three of this code.
(d) A qualified voter of the additional territory who is also
a freeholder of the additional territory may join only one petition
of the additional territory.
(e) It shall be the responsibility of the governing body to
enumerate and verify the total number of eligible petitioners, in
each category, from the additional territory. In determining the
total number of eligible petitioners, in each category, a
freeholder or any other entity that is a freeholder shall be
limited to one signature on a petition as provided in this section.
There shall be allowed only one signature on a petition per parcel
of property and any freehold interest that is held by more than one
individual or entity shall be allowed to sign a petition only upon
the approval by the majority of the individuals or entities that
have an interest in the parcel of property.
(f) If all of the eligible petitioners are qualified voters,
only a voters' petition is required.
(g) If satisfied that the petition is sufficient in every
respect, the governing body shall enter that fact upon its journal
and forward a certificate to that effect to the county commission
of the county wherein the municipality or the major portion of the
territory thereof, including the additional territory, is located.
The county commission shall thereupon enter an order as described
in the immediately preceding section of this article. After the
date of the order, the corporate limits of the municipality shall
be as set forth therein.
(h) Notwithstanding any provision in this section to the
contrary, state property, including highways and other public lands, may not be annexed by petition under this section unless:
(1) The county commission of the county in which the major
portion of the state property proposed to be annexed is located
holds a public hearing to obtain public input on the proposed
annexation. The county commission shall order publication of a
notice of the proposed annexation and of the date and time of the
hearing on the proposal. The public notice shall be published in
a local newspaper of general circulation in the area affected by
the proposed annexation, as a Class II legal advertisement in
accordance with the provisions of article three, chapter fifty-nine
of this code, at least fourteen consecutive days prior to the
public hearing. A like notice shall be prominently posted at not
less than five public places in the area proposed to be annexed.
The county commission shall assess the municipality initiating the
proposed annexation for the amount of any costs incurred in holding
the public hearing; and
(2) The county commission of the county in which the major
portion of the state property proposed to be annexed is located
approves of the annexation. Upon completion of the public hearing,
the county commission shall make a determination as to whether
public sentiment in the area of the proposed annexation of state
property is for or against annexation, and shall enter an order
approving or denying the annexation accordingly.
NOTE: The purpose of this bill is to require a public hearing
and county commission approval before state highways and other
public lands can be annexed by a municipality pursuant to an
annexation petition under West Virginia Code §8-6-4.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.