Senate Bill No. 668
(By Senator Chafin)
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[Introduced February 22, 1999;
referred to the Committee on the Judiciary.]
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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 removing "any
other state officer" from subparagraph one.
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:
(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 remove the requirement
that suits against state officers must be filed and tried in
Kanawha county, except for those against the governor.
Strike-throughs indicate language which would be stricken
from the present law, and underscoring indicates new language
which would be added.