SENATE CONCURRENT RESOLUTION NO. 87
(By Senators Bowman, Bailey, Chafin, Jenkins, Kessler, Lanham,
Minard, Minear, Plymale and Weeks)
[Originating in the Committee on Government Organization]
Requesting the Joint Committee on Government and Finance study the
annexation laws of the State of West Virginia and of other
states to develop responsible and fair annexation alternatives
to provide municipalities with the means to create more
effective and efficient governmental entities in the state
while protecting the interests of counties, businesses and
residents whose areas are sought to be annexed.
Whereas, Current annexation laws in West Virginia are
problematic and in need of clarification, especially in relation to
the absence of any population density requirements and adequate
cost/benefit analysis and election procedures; and
Whereas, Under current annexation laws there is no requirement
that the governing body of the municipality seeking to annex an
area meet any required conditions that exist in current law in
order for part of a county to be incorporated as a city initially;
and
Whereas, In the event that a municipality should be required by legislative enactment to meet certain criteria or conditions
prior to annexation, the issue of whether or not the required
criteria has been met should be made reviewable by a circuit court;
and
Whereas, Annexation of an area normally results in significant
tax increases on individuals and businesses being annexed, and
annexation methods need to be constructed to be fair to all those
affected; and
Whereas, Some annexation methods allowed by law discourage
existing employers from remaining in West Virginia and discourage
new employers from locating in West Virginia, thereby hurting the
chances of West Virginians to find jobs; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study annexation laws of the State of West Virginia
and of other states to develop responsible and fair annexation
alternatives to provide municipalities with the means to create
more effective and efficient governmental entities in this state
while protecting the interests of counties, residents and
businesses whose areas are sought to be annexed; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2007, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee and
Government and Finance.