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Cities Can Now Annex Large Empty Areas without Review

The following is excerpted from Senate Bill No. 202, All Senators & Delegates voted in favor except Delegate Sally Susman of Beckley. Originally sponsored by Senators Snyder, Burnette, Oliverio, McKenzie, Kessler and Edgell. Passed 4/12/01; in effect ninety days from passage.

Two columns are used wherever the new law differs from the old law⁽¹⁾

§8-6-4. Annexation without an election.

(a) The governing body of a municipality may, by ordinance, provide for the annexation of additional territory without ordering a vote on the question if: (1) A majority of the qualified voters of the additional territory file with the governing body a petition to be annexed; and (2) a majority of all freeholders of the additional territory, whether they reside or have a place of business therein or not, file with the governing body a petition to be annexed

Previous Law	New Language in 2001
[Requirement to have population of at least 100 has been dropped.] Provided, That the additional territory shall conform to the requirements of section one [8-2-1], article two of this chapter, and the determination that the additional territory does so conform or	[The old law said "qualified voters" above, and meant it. The new law treats corporations equally with human voters:] (b) For purposes of this section, the term "qualified voter of the additional territory" includes firms and corporations in the additional territory regardless of whether the firm or corporation is a freeholder. A firm or corporation may sign a petition by its manager, president or executive officer duly designated in writing by the firm or corporation. In any instance where a freeholder leases or rents real property to a firm or corporation the freeholder and the firm or corporation shall determine which entity will be entitled to sign a petition relating to the proposed annexation. (c) The determination
that the requisite number of petitioners have filed the required petitions shall be reviewable by the circuit court of the county in which the municipality or the major portion of the territory thereof, including the area proposed to be annexed is located, upon certiorari to the governing body in accordance with the provisions of article three, chapter fifty-three of this code.[53-3-1 and following] (d) A qualified voter of the additional territory who is also a freeholder of the additional territory may join only
in the voters' petition of such additional territory.	one petition of the additional territory.
(e) It shall be the responsibility of the governing body to enumerate and verify the total number of eligible petitioners, in each category, from the additional territory. In determining the total number of eligible petitioners, in each category, a freeholder or any other entity that is a freeholder shall be limited to
one vote or
one signature on a petition as provided in this section. There shall be allowed only one signature on a petition per parcel of property and any freehold interest that is held by more than one individual or entity shall be allowed to sign a petition only upon the approval by the majority of the individuals or entities that have an interest in the parcel of property.
A qualified voter of the additional territory who is also a freeholder of the additional territory shall be counted only as a freeholder and
if all of the eligible petitioners are qualified voters, then only a voters' petition shall be required.	(f) If all of the eligible petitioners are qualified voters, only a voters' petition is required.
If satisfied that the additional territory conforms to the requirements of section one [8-2-1]. article two of this chapter and	(g) If satisfied
that the petition is sufficient in every respect, the governing body shall enter [such] that fact upon its journal and forward a certificate to that effect to the county commission of the county wherein the municipality or the major portion of the territory thereof, including the additional territory, is located. The county commission shall thereupon enter an order [along the lines of the order] as described in the immediately preceding section of this article. After the date of the order, the corporate limits of the municipality shall be as set forth therein.

1. except punctuation: the (a), (b), (c), did not appear in the old law

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