CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 36. CONSTITUTIONALITY AND SEVERABILITY.
§8-36-1. Constitutionality and severability.
(a) If any article, section, subsection, subdivision,
provision, clause or phrase of this chapter or the application
thereof to any person or circumstance is held unconstitutional or
invalid, such unconstitutionality or invalidity shall not affect
other articles, sections, subsections, subdivisions, provisions,
clauses or phrases or applications of the chapter, and to this end
each and every article, section, subsection, subdivision,
provision, clause and phrase of this chapter is declared to be
severable. The Legislature hereby declares that it would have
enacted the remaining articles, sections, subsections,
subdivisions, provisions, clauses and phrases of this chapter even
if it had known that any articles, sections, subsections,
subdivisions, provisions, clauses and phrases thereof would be
declared to be unconstitutional or invalid, and that it would have
enacted this chapter even if it had known that the application
thereof to any person or circumstance would be held to be
unconstitutional or invalid.
(b) The provisions of subsection (a) of this section shall be
fully applicable to all future amendments or additions to this
chapter, with like effect as if the provisions of said subsection
(a) were set forth in extenso in every such amendment or addition
and were reenacted as a part thereof.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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