Senate Bill No. 287

(By Senator Deem)

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[Introduced March 11, 1997; referred to the Committee
on the Judiciary.]
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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 corporations; and annexation by minor boundary adjustment that includes annexation of territory that is surrounded by the municipal corporation.

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 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 or the proposed annexation is territory that is surrounded by the municipality, 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 order, the corporate limits of the municipality shall be as set forth therein, unless judicial review is sought under the provisions of said 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 does 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. If the proposed change involves the proposed annexation of territory that is surrounded by the municipality, the municipality may proceed in accordance with the provisions of sections two and three of this article insofar as the publication and election requirements apply.




NOTE: The purpose of this bill is to permit a municipality to annex territory that is surrounded by that municipality without an application or petition first filed by the freehold residents of that territory.

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