Chapter 1. The State And Its Subdivisions


Published: 2015

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WEST VIRGINIA CODE











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WVC 1 -

CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.

WVC 1 - 3 -

ARTICLE 3. CREATION OF NEW COUNTY; CHANGE IN COUNTY LINE.







WVC 1 - 3 - 1

§1-3-1. Notice of intention to create new county.

When it is intended to apply to the Legislature for the

passage of an act to create a new county, a notice of such

intention shall be published as a Class II 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 each county from which any part of such new county is proposed

to be taken.







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.







WVC 1-3-3

§1-3-3. Submission of question of creation of new county to

voters; copies of surveys, census and declaration of

result of election.

If it appear, by such surveys and census, that there are

within the limits of the proposed new county at least four hundred

square miles of territory and at least six thousand population, and

that no county is thereby reduced below four hundred square miles

of territory or below six thousand population, and that no part of

any county having a population of not more than six thousand, or a

territory of not more than four hundred square miles, is included

within such proposed new county, the county court of each of the

counties from which such new county is proposed to be taken shall

order a vote of the qualified voters of such county within the

lines of such proposed new county to be taken on a day named for

the purpose, which shall be on the same day in each county and on

the fourth Tuesday after the day of the return of such reports and

census to the county court of the county where such reports and

census are returned last, at each place of voting within the lines

of such proposed new county, or, if there be no place of voting

therein, at such place or places therein as the court may direct,

of which time and place a notice shall be posted by the sheriff of

each of such counties at each place of voting therein as provided

by such order, at least fifteen days before such election. The

court shall, at the same time, appoint commissioners of election

for each of such places of voting, and all the laws relating to a

general election shall, as far as applicable, govern and control

the holding of such election at the several places of voting, the ascertaining of the result thereof at each of such places and the

returns thereof, and the declaring of the general result of such

election at all the places of voting in each of such counties. The

ballots used at such election shall have printed on them the words

"For new county," and "Against new county." And it shall be the

duty of the clerk of the county court of each of such counties to

deliver to any person who may demand the same, and pay or tender

his legal fees therefor, copies of such surveys, census and

declaration of the result of such election in his county, duly

certified by him to be true copies. The fees for such copies shall

be the same as are allowed by law for other copying done by such

clerk.







WVC 1-3-4

§1-3-4. Plat of new county.

From the plats showing the portion of each county to be

included in the proposed new county, mentioned in section two of

this article, a plat of the proposed new county shall be prepared

under the joint supervision of the surveyors who made the plats of

such portions, which plat shall bear the joint certificate of such

surveyors as to the surveys included therein and shall show the

courses and distances of the boundary line of such new county, and

the streams and other natural objects or points on such boundary

line, and a copy of the plat so certified shall be returned by the

surveyor of each county to the clerk of the county court thereof.

Such return shall be noted in the records of the county court and

such copy shall be filed and preserved by such clerk in his office.







WVC 1-3-5

§1-3-5. Certificates to accompany application to Legislature.

Every application to the Legislature for the formation of a

new county must be accompanied by duly certified copies of the

surveys, plat of the proposed new county, census and order of the

county court declaring the result of such election as aforesaid,

together with satisfactory evidence that all the provisions of this

article have been fully complied with.







WVC 1-3-6

§1-3-6. Payment of expenses.

All the expenses attending the publication of the notices, the

surveying, and the taking of the census, as required in sections

one and two of this article, shall be paid by the parties applying

for the proposed new county. The expenses incident to the election

in each county shall be paid by it and the laws relating to the

payment of general election expenses, so far as applicable, shall

govern such payment, but in the event that the proposed new county

is created, such election expenses shall be paid by the new county

to each county that made such expenditures.







WVC 1-3-7

§1-3-7. Filing plat of new county after its creation; change of

boundaries.

If the proposed new county be created with the boundaries

specified in the plat and certificate of survey mentioned in

section four of this article, a copy of such plat and certificate

showing the courses and distances of the boundary line of such new

county, and the streams and other natural objects or points

referred to in the act creating the same, shall be filed in the

office of the secretary of state, and a similar copy in the office

of the clerk of the county court of such new county. But if such

new county be created with different boundaries than those so

specified, the lines thereof, so far as they differ from those

originally run as aforesaid, shall be run and marked by the

surveyor of such new county and the surveyors of the counties out

of which the same may be formed. They shall make a report of their

proceedings to the secretary of state, and also to the clerk of the

county court of each of such counties, accompanied by a plat

similar in all respects to the one hereinbefore provided for. Such

surveying shall be done at the expense of such new county.







WVC 1-3-8

§1-3-8. Collection of and accounting for public funds; officers'

fees; execution of process.

All taxes and levies assessed or laid in any county from which

a new county is formed, before the time when the act creating such

new county becomes effective, shall be collected, accounted for and

paid; and all officers' fees in the hands of any sheriff or other

officer at that time shall be accounted for and paid; and all

process and precepts delivered to such sheriff or other officer

before that time shall be executed, returned and satisfied; and

such sheriff or other officer shall have like powers and

liabilities in relation thereto as if such act had not passed.







WVC 1-3-9

§1-3-9. Jurisdiction of courts; transfer of cases.

The courts which, at the time of the passage of the act

creating a new county, had jurisdiction over the counties from

which it is formed shall retain jurisdiction over all actions,

suits and proceedings therein pending at the passage of the act,

and shall try and determine the same, and award execution and other

process thereon, except in cases in which the plaintiff and one or

more of the defendants reside or do business in the new county;

which last-mentioned cases, together with the papers and a

transcript of the record of the proceedings therein had, shall,

after that day, if either party so desires, be transferred to the

proper court of the new county, and there tried and determined as

other cases brought in the new county.







WVC 1 - 3 - 10

§1-3-10. Transfer of proceedings pending before a justice.

Any proceeding pending before a justice of an old county at

the time the act creating a new county becomes effective, which, if

brought after that time, would be required by law to be brought

before a justice of the new county, shall be transferred, together

with the papers and a transcript of the record, to some justice of

the new county.







WVC 1 - 3 - 11

§1-3-11. Jurisdiction of old officers to continue until new

officers appointed.

The sheriffs and other officers of the counties from which a

new county is formed shall, until the sheriff and other officers of

the new county are appointed in the manner provided by law for the

filling of vacancies in such offices, continue to have and exercise

all the jurisdiction, power and authority which they had at the

time of the passage of the act creating such new county.







WVC 1 - 3 - 12

§1-3-12. Officers of old county required to reside therein.

In any case where the residence of a sheriff or other officer

required to reside within the county is, by the creation of a new

county, included within the limits of the new county, such sheriff

or other officer may retain his office provided he change his

residence, within fifteen days after the act creating the new

county becomes effective, to some place within the boundaries of

the old county, as changed. If such sheriff or other officer does

not so change his residence, then his office shall be deemed

vacated and shall be filled as in the case of vacancies in such

office.







WVC 1 - 3 - 13

§1-3-13. District offices not vacated.

The creation of a new county shall not vacate the office of

any justice, constable, or other officer of any district which is

included in whole or in part in the new county, provided such

justice, constable, or other district officer resides within the

limits of such new county.







WVC 1 - 3 - 14

§1-3-14. Notice and survey in case of changing county line.

When it is proposed to change a county line, a notice thereof

shall be published prior to the application for a survey of the

proposed change as a Class II 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

county from which any territory is proposed to be taken. At any

time after such notice has been published, the county court of the

county, a part of whose territory is proposed to be attached to

another county, shall, on application of any person interested, and

at his expense, cause a survey of the proposed change of line to be

made by the surveyor of the county, or by some competent surveyor

appointed for the purpose. The surveyor so appointed, or directed,

to make such survey shall, as soon as his fees therefor are paid or

secured to be paid to his satisfaction, proceed to make such survey

and return a plat and report thereof to said court, and the clerk

thereof shall file and preserve the same in his office; and shall,

as provided in section three of this article, make out and deliver

to any person who may demand the same, a certified copy thereof.

Every application to the Legislature for the change of a county

line shall be accompanied by a duly certified copy of such plat and

report. If the county court of such county refuse to order such

survey to be made, or if the surveyor appointed by such court to

make such survey fail or refuse to do so, then and in that event

the county court of the county to which such territory is proposed to be added shall, on the application of any person interested, and

at his expense, order the survey to be made and appoint a surveyor

to make the same; and the surveyor so appointed shall, as soon as

his fees therefor are paid or secured to be paid to his

satisfaction, make and report such survey to the county court of

his county as hereinbefore required.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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