H. B. 2952


(By Delegate Perdue)
[Introduced February 26, 1999; referred to the
Committee on Political Subdivisions then the Judiciary.]



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 revising the procedure for minor boundary adjustments; allowing the county commission to take into account objections of nonfreeholders; and granting the county commission standing to participate in appeal of its decision.

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.
(a) In the event a municipality desires to increase its corporate limits by making a minor boundary adjustment, the governing body of such 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. A minor boundary adjustment does not permit a municipality to incorporate territory that consists solely of a public street or highway.
Such 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 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. The municipality shall notify each freeholder and nonfreeholder within the area of the proposed annexation by certified mail, return receipt requested.
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 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.
(b) Prior to issuing an order of publication, in making a determination that the application of the municipality is a minor boundary adjustment, the county commission shall consider, at a minimum, the following factors:
(1) Whether the property to be annexed is contiguous to the corporate limits of the municipality;
(2) Whether the acreage of the property to be annexed is excessive;
(3) Whether the property to be annexed consists solely of rights-of-way, includes freeholders, nonfreeholders, mineral interests, natural gas production or transportation or other significant property interests; and,
(4) Whether the proposed annexation is limited solely to the right-of-way of the division of highways, regardless of whether the division of highways holds title to the property in fee or by easement.
The county commission may deny an order of publication of the proposed annexation if the county commission determines that the proposed annexation is not a minor boundary adjustment. The county commission shall deny the order of publication if the proposed annexation is not contiguous to the corporate charter of the municipality; if the proposed annexation is limited solely to the division of highway's right-of-way; if the acreage to be annexed is excessive or for other good cause. The order denying the publication 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.
(c) Following a determination by the county commission that the proposed annexation is a minor boundary adjustment, in making a determination to enter an order changing the corporate limits of the municipality as requested, the commission may evaluate the following factors, at a minimum, in reaching its decision:
(1) Whether police, fire, garbage collection, utility or other public services will be improved, unaffected or adversely affected;
(2) Whether the proposed annexation is in the best interest of the county as a whole;
(3) Whether the freeholders and nonfreeholders are in favor or opposed to the annexation;
(4) Whether economic development will be enhanced or diminished;
(5) Whether existing employment and business interests will be enhanced or diminished.
(d) In the absence of any freeholder party to present evidence upon review of the county commission order by the circuit court, the county commission may participate as a party to the review regarding the entry of an order approving or dismissing the application for annexation.




NOTE: The purpose of this bill is to revise the procedure to make minor boundary adjustments, to allow the county commission to take into account objections of nonfreeholders, and to grant the county commission standing to participate in the appeal of its decision.

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