WEST virginia Legislature

2016 regular session

Introduced

Senate Bill 573

By Senator Blair

[Introduced February 10, 2016;
Referred to the Committee on Government Organization.]

A BILL to amend and reenact §8-6-1 of the Code of West Virginia, 1931, as amended, relating to prohibiting municipal annexation which would result in an unincorporated territory entirely surrounded by the municipality.

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) Annexation is not permitted if it would result in having an unincorporated territory entirely surrounded by the annexing municipality. 

NOTE: The purpose of this bill is to prohibit municipal annexation which would result in an unincorporated territory entirely surrounded by the municipality.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.