Provide a statutory mechanism allowing property owners of undeveloped or unimproved land located within municipal boundaries to petition for annexation of their property into the county.

HB 5602 Text

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House Bill 5602 History

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Key:
Green
= existing Code.
Red
= new code to be enacted

WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
House Bill 5602
By Delegates Funkhouser, Chiarelli, White, Petitto, and Linville
[Introduced February 16, 2026; referred to the Committee on Government Organization]
A BILL to amend and reenact the Code of West Virginia, 1931, as amended, by adding a new article, designated §8-12A-1, §8-12A-2, §8-12A-3, §8-12A-4, §8-12A-5, §8-12A-6, §8-12A-7, §8-12A-8, §8-12A-9, §8-12A-10, and §8-12A-11, relating to authorizing municipal-to-county annexation of undeveloped property in West Virginia; providing for a short title and purpose; providing for definitions; providing for the authority for Municipal-to-County Annexation; providing for eligibility requirements; providing for an application process; providing for county commission review; providing for county development authority; providing for the effect of annexation; providing for judicial review; providing for severability; and providing for an effective date.
Be it enacted by the Legislature of West Virginia:

Article 12A. Authorizing Municipal-to-County Annexation of Undeveloped Property in West Virginia.

§8-12A-1. Short Title and Purpose.

This Act may be cited as the "Municipal-to-County Annexation Act."
The purpose of this Act is to provide a statutory mechanism allowing property owners of undeveloped or unimproved land located within municipal boundaries to petition for annexation of their property into the county, subject to consent requirements and eligibility for potential acquisition by county development authorities.

§8-12A-2. Definitions.

For purposes of this Act:
"Municipality" means any incorporated city, town, or village in West Virginia.
"County" means the county in which the municipality or the major portion thereof is located.
"Undeveloped land" means real property that contains less than two percent of impervious surfaces.
"County development authority" means any development or redevelopment authority established pursuant to West Virginia law with jurisdiction in the county.
"Property owner" means any person or entity holding fee simple title to real property.

§8-12A-3. Authority for Municipal-to-County Annexation.

Notwithstanding any other provision of law, undeveloped property located within the corporate limits of a municipality may be annexed into the unincorporated area of the county in accordance with the provisions of this Act.
The Legislature hereby delegates to county commissions the authority to approve municipal-to-county annexations under this Act, consistent with the constitutional authority to delegate annexation powers to local governmental entities.

§8-12A-4. Eligibility Requirements.

Property shall be eligible for municipal-to-county annexation under this Act only if:
The property consists entirely of undeveloped or unimproved land as defined in Section 2 of this Act;
The property owner consents to the annexation in writing;
The county commission consents to the annexation by resolution; and
The property is potentially eligible for purchase by a county development authority, either immediately or within five years of the annexation.

§8-12A-5. Application Process.

A property owner seeking municipal-to-county annexation shall file an application with the county commission that includes:
An accurate map showing the metes and bounds of the property to be annexed;
A written affidavit of consent to the annexation signed by all property owners;
Documentation demonstrating that the property meets the undeveloped land criteria;
A statement from a county development authority indicating the property's potential eligibility for future acquisition; and
Payment of all application fees established by the county commission.
The municipality shall be provided notice of any application filed under this section and may file written comments or objections within 30 days of such notice.

§8-12A-6. County Commission Review and Approval.

Upon receipt of a complete application, the county commission shall determine whether the application meets the requirements of this Act.
The county commission shall hold a public hearing on the application, with notice published as a Class II legal advertisement at least 14 days prior to the hearing.
The county commission may approve the application by resolution if it finds that:
All requirements of this Act have been met;
The annexation serves a legitimate public purpose; and
The annexation will not adversely impact the provision of public services.
If the county commission approves the application, it shall enter an order describing the property to be annexed and the effective date of the annexation.

§8-12A-7. County Development Authority Purchase Option.

Following approval of a municipal-to-county annexation under this Act, the applicable county development authority shall have a right of first refusal to purchase the annexed property for a period of five years.
The right of first refusal shall be exercised at fair market value as determined by independent appraisal.
The property owner shall provide the county development authority with 60 days' written notice before accepting any offer to purchase the property during the five-year period.

§8-12A-8. Effect of Annexation.

Upon the effective date of an annexation order under this Act:
The property shall be removed from the corporate limits of the municipality;
The property shall become part of the unincorporated area of the county;
The county shall assume responsibility for providing governmental services to the property; and
The property shall be subject to county zoning and land use regulations.

§8-12A-9. Judicial Review.

The determination of a county commission under this Act shall be reviewable by the circuit court of the county upon certiorari in accordance with the provisions of West Virginia Code Chapter 53, Article 3.

§8-12A-10. Integration with Existing Law.

This Act supplements existing annexation procedures and does not affect the authority of municipalities to annex territory under West Virginia Code Chapter 8, Article 6.

§8-12A-11. Effective Date.

This Act shall take effect 90 days after passage.

NOTE: The purpose of this bill is to provide a statutory mechanism allowing property owners of undeveloped or unimproved land located within municipal boundaries to petition for annexation of their property into the county.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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