West Virginia Code § 7-3-3a

Sale of county or district property; local option election; petition, election
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procedure; form of ballot; effect of such election.
The county commission of any county is authorized to call a local option election for the
purpose of determining the will of the voters as to whether specific real property belonging
to the county or held by it for the use of any district thereof shall be conveyed or whether
the buildings and improvements thereon shall be demolished. e
A petition for such local option election shall be in the form hereinafter specified and shall
be signed by qualified voters residing within said county equal to at least ten percent of the
persons qualified to vote within said county at the last general eluection. For the purpose of
this article, the term "qualified voters" shall mean those actually voting at the last general
election and not those registered to vote. Said petition may bte in any number of
counterparts and shall be sufficient if substantially in the following form:
PETITION
CONVEYANCE OF COUNTY PROPERTY s
AND/OR i
DEMOLITION OF COUNTY BUILDINGS
OR IMPROVEMENTS
Each of the undersignedL certifies that he or she is a person residing in ______________________
County, West Virginia, and is duly qualified to vote in said county under the laws of the
state, and that his or her name, address and the date of signing this petition are correctly set
forth below.
The undersigned petition said county commission to call and hold a local option election
upoWn the following question: Shall the county commission of ________________ County, West
Virginia, be authorized to convey (or demolish buildings and improvements located on) the
following described real property belonging to the county or held by it for the use of a
district thereof: (here insert property description)
NAME ADDRESS DATE
_____________________ ____________________ ___________
_____________________ ____________________ ___________
(Each person signing must specify either his post-office address or his street number.)
Upon the filing of a petition for a local option election in accordance with the provisions of
this section, the county commission shall enter an order calling a local option election and
providing that the same shall be held at the same time and as a part of the next primary or
general election to be held in said county. Said county commission shall give notice of such
local option election by publication in two newspapers of opposite politics and of general
circulation within said county. Said notice shall be given at least once each week for two
successive weeks prior to the date of said election. If there is only one newspaper published
in said county, publication of said notice therein shall be sufficient.
Each person qualified to vote in said county at said primary or general election shall likewise
be qualified to vote at the local option election. The election officers aprpointed and qualified
to serve as such at said primary or general election shall conduct said local option election in
connection with and as a part of said primary or general election. The ballots in said local
option election shall be counted and returns made by the election officers and the results
certified by the commissioners of election to said county comtmission which shall canvass the
ballots, all in accordance with the laws of the State of West Virginia relating to primary and
general elections insofar as the same are applicable. The county commission shall, without
delay, canvass the ballots cast at said local option election and certify the result thereof.
The ballot to be used in said local option electsion shall have printed thereon substantially the
following:
"Shall the county commission of ____g____________________ County be authorized to convey (or
demolish buildings and improvements located on) the following described real property
belonging to the county? (inseert description)
/ / YES / / NO
(Place a cross mark in the square opposite your choice.)"
If a majority oVf the voters voting at any such local option election vote "no" on the foregoing
question, the county commission shall not thereafter be permitted to convey said real
property or demolish the buildings and improvements thereon, as the case may be, unless
thereafter authorized so to do.
Nothing herein shall prohibit the county commission from altering, improving and
maintaining such real property or the buildings and improvements thereon in any manner
whatsoever which does not demolish the building or improvements which were subject to
the referendum.
The county commission of any county wherein a majority of the voters have refused
permission to convey or demolish specific real property or buildings or improvements
pursuant to this section may on its own motion initiate an election pursuant to this section at
any primary or general election held in such county after the voters have refused such
permission and may restate the description of property or action desired to be taken in such
manner as the commission shall determine.

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