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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 107
(By Senator Chafin)
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[Introduced January 11, 2006; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact §14-2-2 of the Code of West Virginia,
1931, as amended, relating to providing an exception to the
requirement that actions in which the state is a party be
brought in Kanawha County for suits involving motor vehicle
accidents.
Be it enacted by the Legislature of West Virginia:
That §14-2-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. CLAIMS AGAINST THE STATE.
§14-2-2. Venue for certain suits and actions.
(a) The following proceedings, shall be brought and prosecuted
only in the circuit court of Kanawha County:
(1) Any suit in which the Governor, any other state officer,
or a state agency is made a party defendant, except as garnishee or
suggestee: Provided, That, a proceeding arising out of an accident involving motor vehicles may also be brought in the county in which
the accident occurred.
(2) Any suit attempting to enjoin or otherwise suspend or
affect a judgment or decree on behalf of the state obtained in any
circuit court.
(b) Any proceeding for injunctive or mandamus relief involving
the taking, title, or collection for or prevention of damage to
real property may be brought and presented in the circuit court of
the county in which the real property affected is situate.
This section shall apply only to such proceedings as are not
prohibited by the constitutional immunity of the state from suit
under section thirty-five, article VI of the Constitution of the
State.
NOTE: The purpose of this bill is to allow suits against the
state involving motor vehicle accidents to be brought in counties
other than Kanawha County.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.