WVC 1 - 3 - 2
§1-3-2. Survey and census; area and population.
The county court of each of the counties out of which the new
county is proposed to be formed, at its first session after the
notice mentioned in the next preceding section has been published,
as required by said section, shall order a survey of the whole
county, and of that portion thereof proposed to be included in the
new county, to be made by the surveyor of such county, if there be
one, and if not by some other competent surveyor, in order to
ascertain the number of square miles in the county, as well as in
that portion thereof proposed to be included in such new county.
Such court shall also appoint some one or more competent person or
persons to take a census of the population of such county, and of
that part thereof proposed to be included in such new county, in
order to ascertain whether or not there will remain in such county
a population of six thousand after the creation of such new county.
It shall be the duty of the surveyor so directed or appointed to
make such survey, and of the person or persons so appointed to take
the census, as soon as their fees are paid or secured to be paid in
a manner satisfactory to them to proceed in the shortest time
practicable to make such survey and take such census and make
report thereof to the county court by which they were appointed;
and the surveyor shall return and file with his report two fair
plats and certificates of the survey made by him, showing the metes
and bounds of the county and the number of square miles of
territory contained therein, and the number of square miles contained within that portion thereof proposed to be included in
the new county, and the metes and bounds thereof. The return of
such survey and census shall be noted in the records of the court,
and such reports shall be filed and preserved by the clerk of such
court in his office, and a notice in writing that such return of
the survey and census has been made shall be sent to the county
court of the other county out of which such new county is proposed
to be formed.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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