H. B. 2910
(By Delegate Cowles)
[Introduced March 3, 2009; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §7-2-2 of the Code of West Virginia,
1931, as amended, relating to increasing the minimum number of
magisterial districts in a county from three to four.
Be it enacted by the Legislature of West Virginia:
That §7-2-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. COUNTY AND DISTRICT BOUNDARIES; CHANGE OF COUNTY SEAT
AND NAMES OF UNINCORPORATED TOWNS AND OF DISTRICTS.
§7-2-2. Magisterial districts; boundary lines.
Each county shall be laid off by the county court into
magisterial districts, not less than
three four nor more than ten
in number, and as nearly equal as may be in territory and
population. The districts as they now exist shall remain until
changed by the county court. The county court may, from time to
time, increase or diminish the number of such districts, and change
the boundary lines thereof as necessity may require, in order to
conform the same to the provisions of the constitution of the state.
Whenever the county court shall deem it advisable to change
the boundary line between two or more districts, or to establish a
new district out of another or two or more districts, or to
consolidate two or more existing districts into one, it may make
such change, establishment or consolidation, by an order entered of
record. And if a survey be deemed necessary, it may employ the
surveyor of lands for the county, or any other competent surveyor,
who shall survey and make a plat of the several districts as the
same are thus altered, on which the new lines shall be plainly
delineated, noting particularly such places of notoriety or
prominent objects through or by which such lines pass, and return
such plat and description to the court; and the same shall be filed
in the clerk's office of such court and recorded by the clerk. But
before such districts shall be increased or diminished, or the
boundary lines thereof changed, the court shall cause a notice of
its intention to do so to be posted on the front door of the
courthouse of the county, and at some public place in each district
affected thereby, for at least thirty days prior to the term of
court at which such action is proposed to be taken.
NOTE: The purpose of this bill is to increase the minimum
number of magisterial districts in a county from three to four.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.