H. B. 4543
(By Delegates Trump, Faircloth, Givens, Thomas,
Linch, Doyle and Manuel)
[Introduced February 24, 1998; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section two, article two, chapter
fourteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to expanding venue
for certain suits.
Be it enacted by the Legislature of West Virginia:
That section two, article two, chapter fourteen of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. CLAIMS AGAINST THE STATE.
§14-2-2. Venue for certain suits and actions.
(a) The following proceedings shall be brought and
prosecuted only in the circuit court of Kanawha County or in the
circuit court of any county in which the cause of action arose:
(1) Any suit in which the governor, any other state officer,
or a state agency is made a party defendant, except as garnishee
or suggestee.
(2) Any suit attempting to enjoin or otherwise suspend or affect a judgment or decree on behalf of the state obtained in
any circuit court.
(b) Any proceeding for injunctive or mandamus relief
involving the taking, title, or collection for or prevention of
damage to real property may be brought and presented in the
circuit court of the county in which the real property affected
is situate.
This section shall apply only to such proceedings as are not
prohibited by the constitutional immunity of the state from suit
under section thirty-five, article six of the constitution of the
state.
NOTE: The purpose of this bill is to expand venue for
certain lawsuits involving state officials, to include the county
in which the cause of action arose as well as Kanawha County.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.