H. B. 4316
(By Delegates G. White, Beane, DeLong,
Ennis, Yost, Varner and Wakim)
[Introduced February 1, 2006; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §14-2-2
of the Code of West Virginia,
1931, as amended, relating to eliminating the requirement that
certain actions involving the state must be prosecuted in
Kanawha County.
Be it enacted by the Legislature of West Virginia:
That §14-2-2
of the Code of West Virginia, 1931, 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 eliminate the
requirement that certain actions involving the state must be
prosecuted in Kanawha County.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.