H. B. 4527
(By Delegate McGraw)
[Introduced February 23, 1998; referred to the
Committee on Political Subdivisions then Finance.]
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; annexation by minor boundary adjustment; and
providing that all persons affected by the boundary
adjustment have a voice in the annexation.
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 an annexation
by minor boundary adjustment.
Such The application shall disclose the number of persons
residing in the territory or adjacent to 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, 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 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 and within the areas adjacent to the area proposed to
be annexed.
If the freeholders of the area proposed to be annexed and
those adjacent to 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 the 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
eligible 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.
NOTE: The purpose of this bill is to include all persons,
affected by a minor boundary adjustment that results in
annexation by a municipal corporation, to have a voice in the
adjustment.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.