HOUSE CONCURRENT RESOLUTION 116

(By Delegate A. Evans)

Requesting the Joint Committee on Government and Finance to study the need to amend section four, article seven, chapter eight of the Code of West Virginia to provide a mechanism for decreasing corporate municipality limits by making a minor boundary adjustment when the municipality has declined to apply for a decrease.

Whereas, Section four, article seven, chapter eight of the Code of West Virginia provides that in the event a municipality desires to decrease its corporate limits by making a minor boundary adjustment, the governing body of such municipality may apply to the county court of the county wherein the municipality or the major portion of the territory thereof is located for permission to effect such decrease in the corporate limits by minor boundary adjustment; and

Whereas, Section four, article seven, chapter eight of the Code of West Virginia does not provide a process whereby a county court can require a municipality to effectuate a minor boundary decrease in the municipality’s corporation limit line of demarcation to facilitate clarification, correction, and reconciliation to improve the county’s real property land tax records and tax maps when the municipality has declined to apply for a decrease; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Joint Committee on Government and Finance to study the need to amend section four, article seven, chapter eight of the Code of West Virginia to provide a mechanism for decreasing corporate municipality limits by making a minor boundary adjustment when such an adjustment is necessary or desired and the municipality has declined to apply for a decrease; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2017, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct these studies, to prepare reports and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.