HOUSE CONCURRENT RESOLUTION NO. 86

(By Delegates Manchin, Beach, Cann, Doyle, Hartman, Lawrence, Longstreth, Poling, D., Poore, Varner, Walker, T., Williams, Anderson, Duke, Schadler, Cowles, Sumner )


[Originating in the Committee on Political Subdivisions

on March 4, 2010]



Requesting the Joint Committee on Government and Finance to appoint a select interim committee to study the annexation process in this state and other states and make recommendations that would be beneficial to help ensure an annexation process that is both flexible enough to permit annexation that is not overly encumbered with legal or administrative hurdles, yet is responsive enough to provide meaningful input from affected parties such as county governments.

Whereas, A municipality may annex adjacent territory by three different methods: Election, petition and minor boundary adjustment.
Whereas, Residents in territory annexed or proposed to be annexed under these methods sometimes feel they are not accorded an adequate voice in the annexation process; and
Whereas, The annexation of unincorporated territory by municipal corporations greatly affects the citizens and the general public in both the municipality and the county involved in the annexation process; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby request the Joint Committee on Government and Finance to appoint a select interim committee to study the annexation process; and, be it
Further Resolved, That the Select Committee shall discuss and try to answer the following questions: (1) How to ensure public participation in a proposed annexation, especially when a shoestring annexation is proposed?; (2) What type of circuit court review should occur and should this review be the same for each type of annexation?; (3) How an annexation effects a county's comprehensive land use plan? ; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare all reports and draft legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.