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Chapter 8     Entire Code
‹ Chapter 07A  |  Chapter 08A › Printer Friendly Versions
Chapter 8  |  Article 8 - 7

1 - PURPOSE AND SHORT TITLE; DEFINI

2 - CREATION OF MUNICIPALITIES

3 - FRAMING AND ADOPTING AN ORIGINA

3A - GOVERNMENT OF CLASS IV TOWNS O

4 - FRAMING AND ADOPTING A CHARTER

5 - ELECTION, APPOINTMENT, QUALIFIC

6 - ANNEXATION

7 - DECREASE OF CORPORATE LIMITS
    8 - 7 - 1
    8 - 7 - 2
    8 - 7 - 3
    8 - 7 - 4

8 - CONSOLIDATION OF MUNICIPALITIES

9 - PROCEEDINGS OF GOVERNING BODIES

10 - POWERS AND DUTIES OF CERTAIN

11 - POWERS AND DUTIES WITH RESPEC

12 - GENERAL AND SPECIFIC POWERS,

13 - TAXATION AND FINANCE

13A - BUSINESS IMPROVEMENT DISTRIC

13B - DOWNTOWN REDEVELOPMENT DISTR

13C - MUNICIPAL TAX IN LIEU OF BUS

14 - LAW AND ORDER; POLICE FORCE O

14A - MUNICIPAL POLICE OFFICERS AN

15 - FIRE FIGHTING; FIRE COMPANIES

15A - STANDARDS FOR PROFESSIONAL F

16 - MUNICIPAL PUBLIC WORKS; REVEN

17 - LOW COST IMPROVEMENTS

18 - ASSESSMENTS TO IMPROVE STREET

19 - MUNICIPAL AND COUNTY WATERWOR

20 - COMBINED SYSTEMS

20A - NEIGHBORHOOD REHABILITATION

21 - BOARD OF PARK AND RECREATION

22 - RETIREMENT BENEFITS GENERALLY

22 A - WEST VIRGINIA MUNICIPAL POL

23 - INTERGOVERNMENTAL RELATIONS -

24 - PLANNING AND ZONING

25 - INTERGOVERNMENTAL RELATIONS -

26 - INTERGOVERNMENTAL RELATIONS -

26A - MUNICIPAL AND COUNTY HISTORI

27 - INTERGOVERNMENTAL RELATIONS -

27A - INTERGOVERNMENTAL RELATIONS

28 - INTERGOVERNMENTAL RELATIONS -

29 - INTERGOVERNMENTAL RELATIONS -

29A - COUNTY AIRPORT AUTHORITIES

29B - AIRPORT SECURITY

30 - INTERGOVERNMENTAL RELATIONS -

31 - INTERGOVERNMENTAL RELATIONS -

32 - INTERGOVERNMENTAL RELATIONS -

33 - INTERGOVERNMENTAL RELATIONS -

34 - JUDICIAL REVIEW

35 - DISSOLUTION OF MUNICIPALITIES

36 - CONSTITUTIONALITY AND SEVERAB

37 - MUNICIPAL FINANCIAL STABILIZA

38 - MUNICIPAL ECONOMIC OPPORTUNIT

WVC 8- CHAPTER 8. MUNICIPAL CORPORATIONS.
WVC -7- ARTICLE 7. DECREASE OF CORPORATE LIMITS.

WVC 8-7-1 PART I. GENERAL.
§8-7-1. Decrease of corporate limits.
The corporate limits of a municipality may be decreased only in accordance with the provisions of this article.

WVC 8-7-2 PART II. DECREASE OF CORPORATE LIMITS BY ELECTION.
§8-7-2. Procedure to decrease corporate limits.
Five percent or more of the freeholders of a municipality desiring to decrease the corporate limits thereof may file their petition in writing with the governing body thereof, setting forth the change proposed in the metes and bounds of the municipality, and asking that a vote be taken upon the proposed change. Such petition shall be verified and shall be accompanied by an accurate survey map showing the territory which would be eliminated from the corporate limits by the proposed change. The governing body, upon bond in penalty prescribed by the governing body with good and sufficient surety being given by petitioners, and conditioned to pay the costs of such election if a majority of the legal votes cast are against the proposed change in boundary, shall thereupon order a vote of the qualified voters of such municipality to be taken upon the proposed change on a date and at a time and place therein to be named in the order, not less than twenty nor more than thirty days from the date thereof. The governing body shall cause the order to be published, at the cost of the municipality, as a Class II-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the municipality. The first publication must be at least fourteen days prior to the date upon which the vote is to be taken. The order so published shall contain an accurate description by metes and bounds of the territory which would be eliminated from the corporate limits by the proposed change, and, if practicable, shall also contain a popular description of such territory.

The election shall be held, superintended and conducted, and the results thereof ascertained, certified, returned and canvassed in the same manner and by the same individuals as elections for municipal officers. The ballots, or ballot labels where voting machines are used, shall have written or printed on them the words:

/ / For Decrease of Corporate Limits

/ / Against Decrease of Corporate Limits

When an election is held in any municipality in accordance with the provisions of this section, another such election relating to the same proposed change or any part thereof shall not be held for a period of one year.

If a majority of all of the legal votes cast within such municipality are in favor of the proposed change, then the governing body shall proceed as specified in the immediately succeeding section of this article.

WVC 8-7-3 §8-7-3. Governing body of municipality to certify decrease in corporate limits; order.
The governing body of such municipality shall enter the results of such election in its minutes, and, when the decrease proposed is adopted, as provided in the immediately preceding section of this article, shall forward a certificate to such effect to the county court of the county wherein the municipality or the major portion of the territory thereof is located; and such court shall thereupon enter an order in substance as follows:

"A certificate of the governing body of the municipality of ..................... was this day filed showing that a decrease has been made, in the manner required by law, in the corporate limits thereof, and that by such decrease the said corporate limits are as follows:

"Beginning at (here recite the boundaries as changed). It is, therefore, ordered that such decrease in said corporate limits be, and the same is hereby approved and confirmed, and the clerk of this court is directed to deliver to the said governing body a certified copy of this order as soon as practicable after the rising of this court."

After the date of such order, the corporate limits of the municipality shall be as set forth therein.

WVC 8-7-4 PART III. DECREASE OF CORPORATE LIMITS BY MINOR
BOUNDARY ADJUSTMENT.
§8-7-4. Decreasing corporate limits by minor boundary adjustment.
In the event a municipality desires to decrease its corporate limits by making a minor boundary adjustment, the governing body of such municipality may apply to the county court of the county wherein the municipality or the major portion of the territory thereof is located for permission to effect such decrease in the corporate limits by minor boundary adjustment.

Such application shall disclose the number of individuals residing in the territory which would be eliminated from the corporate limits by the proposed change, and shall have attached thereto an accurate map showing the metes and bounds of such territory.

If satisfied that the change sought is only a minor boundary adjustment, the county court shall order publication of a notice of the proposed decrease in the corporate limits and of the date and time set by the court for a hearing on such proposal. Publication shall be as in the case of an order calling for an election, as set forth in section two of this article. A like notice shall be prominently posted at not less than five public places within the territory which would be eliminated from the corporate limits by the proposed change.

If the freeholders of such territory who are present or are represented at the hearing are not substantially opposed to the proposed boundary change, the court may enter an order decreasing the corporate limits of the municipality as requested, which order may be reviewed by the circuit court as an order of a county court ordering an election may be reviewed under section sixteen, article five of this chapter. After the date of such order, the corporate limits of the municipality shall be as set forth therein, unless judicial review is sought under the provisions of said section sixteen. If the proposed change is substantially opposed at the hearing by any such freeholder, the court shall dismiss the application. Dismissal of any such application shall not preclude proceedings in accordance with the provisions of sections two and three of this article. The municipality shall pay the costs of all proceedings under this section.

Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§ 8 - 1 - 5 A - (Amended Code)
§ 8 - 12 - 5 - (Amended Code)
§ 8 - 12 - 5 A - (Amended Code)
SENATE BILL - 317
PASSED - Regular Session

SB317 SUB2 ENR  (Uploaded - 03/25/2014)
Relating to municipal firearm laws
§ 8 - 5 - 7 - (Amended Code)
SENATE BILL - 547
PASSED - Regular Session

SB547 ENR  (Uploaded - 03/25/2014)
Relating to number of municipal wards or election districts and council members
§ 8 - 12 - 16 - (Amended Code)
§ 8 - 12 - 16 A - (Amended Code)
§ 8 - 12 - 16 C - (Amended Code)
SENATE BILL - 600
PASSED - Regular Session

SB600 SUB1 ENR  (Uploaded - 03/25/2014)
Relating to municipal ordinance compliance regarding dwellings unfit for habitation and vacant buildings and properties
§ 8 - 22 A- 22 - (Amended Code)
§ 8 - 22 A- 23 - (Amended Code)
HOUSE BILL - 4349
PASSED - Regular Session

HB4349 SUB ENR  (Uploaded - 03/25/2014)
Clarifying retirement dependent child scholarship and burial benefits under a Qualified Domestic Relations Order
§ 8 - 15 - 26 - (Amended Code)
HOUSE BILL - 4460
PASSED - Regular Session

hb4460 ENR  (Uploaded - 03/25/2014)
Relating to violating provisions of the civil service law for paid fire departments
Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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