H. B. 2386
(By Delegates Doyle and Manuel)
[Introduced January 26, 1999; 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 providing that
actions in which the state is a party be brought in the
county which is affected or related to the controversy.
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, with the agreement of the
parties, shall may 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.
If any party to any action, as described in subdivisions (1)
and (2) of this section, does not agree to venue lying in the
circuit court of Kanawha County, then the action shall be tried
in the county bearing the greatest relation to the controversy at
hand.
(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 VI of the constitution of the
state.
NOTE: The purpose of this bill is to remove the requirement
that venue properly lies in Kanawha County in relation to certain
controversies involving the state.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.