West Virginia Code § 8-6-2

Petition for annexation
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(a) Five percent or more of the freeholders of a municipality desiring to have territory
annexed thereto may file a petition in writing with the governing body thereof setting forth
the change proposed in the metes and bounds of the municipality and askineg that a vote be
taken upon the proposed change. The petition shall be verified and shall be accompanied by
an accurate survey map showing the territory to be annexed to the corprorate limits by the
proposed change.
(b) The petitioners shall obtain a surety bond in an amount set by the governing body
sufficient to cover the cost of the election. The bond shall bet forfeited if a majority of the
votes cast are against the proposed annexation.
(c) The governing body shall, upon receipt of the bond, order a vote of the qualified voters of
the municipality to be taken upon the proposed annexation on a date and at a time and place
to be named in the order. s
(d) The governing body shall, at the same tiime, order a vote of all of the qualified voters of
the additional territory and of all of gthe freeholders of the additional territory whether they
reside or have a place of business therein or not, to be taken upon the question on the same
day at some convenient place in or near the additional territory.
(e) The governing body shall cause the order for the election 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. The publication area is the municipality and the
additional territory. The first publication must be at least fourteen days prior to the date
upon which the vote is to be taken. The order for the election shall contain an accurate
description by metes and bounds of the additional territory proposed to be annexed to the
corWporate limits by the proposed change, a summary of the municipality's plan for providing
services to the additional territory and, if practicable, shall also contain a popular
description of the additional territory.
(f) The election shall be held, superintended and conducted and the results thereof
ascertained, certified, returned and canvassed in the same manner by the same individuals
as elections for municipal officers. The election is reviewable by the circuit court of the
county in which the municipality or the major portion thereof, including the area proposed to
be annexed, is located. The order may be reviewed by the circuit court as an order of a
county commission ordering an election may be reviewed under section sixteen, article five
of this chapter.
(g) The ballots, or ballot labels where voting machines are used, shall have written or
printed on them the words:
/ / For Annexation
/ / Against Annexation
(h) Any freeholder which is a firm or corporation may vote by its manager, president or
executive officer duly designated in writing by the firm or corporation.
(i) An individual who is a qualified voter and freeholder of the municipality or the additional
territory shall be entitled to vote only once.
(j) For purposes of this section, the term "qualified voter of the additional territory" includes
a firm or corporation in the additional territory regardless of whether the firm or corporation
is a freeholder. A firm or corporation may vote 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 coarporation the freeholder and the firm
or corporation shall determine which entity will be entitled to vote in the annexation
election. l
(k) When an election is held in any municipality in accordance with the provisions of this
section, another election relating to the saime proposed change or any part thereof shall not
be held for a period of one year.
(l) If a majority of all of the legal votes cast in the municipality and a majority of all the legal
votes cast in the territory are in favor of the proposed annexation, then the governing body
shall proceed as specified in the immediately succeeding section of this article.

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