Senate Bill No. 356
(By Senator Plymale)
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[Introduced February 1, 2000; referred to the Committee
on the Judiciary.]
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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 minor boundary
adjustments; providing that minor boundary adjustment does
not allow annexation solely of streets and highways unless
for the purpose of providing utilities; and providing that
minor boundary adjustments must include a freeholder.
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 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. A minor boundary
adjustment must include a freeholder: Provided, That public
streets or highways may be annexed by a minor boundary adjustment
for the purpose of providing utilities. 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.
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.
NOTE: The purpose of this bill is to prohibit a municipality
from annexing land by minor boundary adjustment which is solely
a street or highway, except for the purpose of providing
utilities. A freeholder is required in a minor boundary
adjustment.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.