H. B. 2227
(By Delegate Cowles)
[Introduced February 13, 2013; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §7-2-2 of the Code of West Virginia,
1931, as amended, relating to increasing the minimum number of
magisterial districts in a county from three to four.
Be it enacted by the Legislature of West Virginia:
That §7-2-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. COUNTY AND DISTRICT BOUNDARIES; CHANGE OF COUNTY SEAT
AND NAMES OF UNINCORPORATED TOWNS AND OF DISTRICTS.
§7-2-2. Magisterial districts; boundary lines.
Each county shall be laid off by the county
into magisterial districts, not less than three four nor more than
ten in number, and as nearly equal as may be in territory and
population. The districts as they now exist shall remain until
changed by the county court commission. The county court commission may, from time to time, increase or diminish the number
of such the districts, and change the boundary lines thereof of the
districts as necessity may require, in order to conform the same
them to the provisions of the constitution of the state.
Whenever the county
court shall deem commission finds it
advisable to change the boundary line between two or more
districts, or to establish a new district out of another or two or
more districts, or to consolidate two or more existing districts
into one, it may make such the change, establishment or
consolidation, by an order entered of record. And if a survey be
deemed is necessary, it may employ the surveyor of lands for the
county, or any other competent surveyor, who shall survey and make
a plat of the several districts as the same they are thus altered,
on which the new lines shall be plainly delineated, noting
particularly such the places of notoriety or prominent objects
through or by which such the lines pass, and return such the plat
and description to the court and the same county commission. The
plat shall be filed in the clerk's office of such court clerk of
the county commission's office and recorded by the clerk. But
before such the districts shall may be increased or diminished, or
the boundary lines thereof changed, the court county commission
shall cause a notice of its intention to do so to be posted on the
front door of the courthouse of the county, and at some public
place in each district affected thereby, for at least thirty days prior to the term of court the commission at which such the action
is proposed to be taken.
NOTE: The purpose of this bill is to increase the minimum
number of magisterial districts in a county from three to four.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would