Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Article 1. County Commissions Generally
§7-1-1. County Commissions Corporations; How Constituted; Election of President - (a) The county commission, formerly the county court, tribunal or...
§7-1-1a. Requirements for Reforming, Altering, or Modifying a County Commission; Alternative Forms of County Government - (a) A county government may be reformed, altered, or modified...
§7-1-1b. Legislative Findings; Qualifications for County Commissioners - (a) The Legislature finds that: (1) There is confusion concerning...
§7-1-2. Sessions - The county court of each county shall hold four regular...
§7-1-3. Jurisdiction, Powers and Duties - The county commissions, through their clerks, shall have the custody...
§7-1-3a. Construction of Waterworks; Sewers and Sewage Disposal Plants; Improvements of Streets, Alleys and Sidewalks; Assessment of Cost of Sanitary Sewers, Improved Streets and Maintenance of Roads Not in the State Road System - In addition to all other powers and duties now conferred...
§7-1-3aa. Authority of County Commissions to Create and Fund a Hazardous Material Accident Response Program - In addition to all other powers and duties now conferred...
§7-1-3b. Purchase, Installation and Maintenance of Radio Mobile Communication Equipment and Appliances for Use by County Sheriffs and Their Deputies - In addition to all other powers and duties now conferred...
§7-1-3bb. Levy For, Establishment and Operation of Sheltered Workshops; Financial Aid - (a) The county commission in any county is authorized without...
§7-1-3c. Purchase, Installation and Maintenance of Photo Copying Equipment, Microphotographic or Other Miniature Photographic Processes, Appliances and Supplies - In addition to all other powers and duties now conferred...
§7-1-3cc. Authority of County Commissions to Establish Enhanced Emergency Telephone Systems, Technical and Operational Standards for Emergency Communications Centers and Standards for Education and Training of Emergency Communications Systems Personn... - (a) In addition to possessing the authority to establish an...
§7-1-3d. Levy For, Establishment, and Operation of Fire Prevention Units; Financial Aid - (a) The county commission in any county may: (1) Levy...
§7-1-3dd. Authority to Establish County Wage and Benefits Review Board; Duties and Powers; Membership - In addition to all other powers and duties now conferred...
§7-1-3e. Acquisition of Land For, and Operation Of, Public Refuse Dumps and Sanitary Landfills - In addition to all other powers and duties now conferred...
§7-1-3ee. Providing for Payment of Service Fees at Banking Institutions - Notwithstanding any other provision of this code the county commission...
§7-1-3f. Establishment and Operation of Garbage and Refuse Collection and Disposal Services - In addition to all other powers and duties now conferred...
§7-1-3ff. Authority of County Commission to Regulate Unsafe or Unsanitary Structures and Refuse on Private Land; Authority to Establish an Enforcement Agency; County Litter Control Officers; Procedure for Complaints; Lien and Sale of Land to Recover... - (a) Plenary power and authority are hereby conferred upon every...
§7-1-3g. Acquisition, Operation, and Maintenance of Sewerage Systems and Sewage Plants - In addition to all other powers and duties not conferred...
§7-1-3gg. Lease Agreements for Equipment or Materials With Option to Cancel or Renew - (a) In addition to all other powers and duties now...
§7-1-3h. Authority and Procedure for Closing Unused Roads, Streets and Travel Ways; Notice and Hearing; Circuit Court Review - The county court of any county, upon the verified application...
§7-1-3hh. Authority to Lease, Sell or Dispose of County Property to the State, Federal Government or an Instrumentality Thereof - Every county commission, building commission created pursuant to article thirty-three,...
§7-1-3i. County Commission May Cooperate With Other Governmental Units - Any county commission may join together in the exercise of...
§7-1-3ii. Authority to Require Posting of Commercial and Residential Addresses Within Municipal Boundaries - In addition to all other powers now conferred by law...
§7-1-3j. Authority to Establish County Coordinating Council; Powers and Duties of Council; Duties of County Clerk - In addition to all other powers and duties now conferred...
§7-1-3jj. Authority of Counties to Enact Ordinances Restricting the Location of Businesses Offering Exotic Entertainment - (a) For the purposes of this section: (1) "Exotic entertainment"...
§7-1-3k. Authority to Lease, Rent or Permit the Use of County Property - The county commission of each county is authorized to lease,...
§7-1-3kk. Authority to Provide for the Elimination of Hazards to Public Health and Safety; Penalty - In addition to all other powers and duties now conferred...
§7-1-3l. Authority to Establish County Appraisal-Assessment Board; Functions and Duties of Board; Duties of Assessor - In addition to all other powers and duties now conferred...
§7-1-3ll. Clerk of the County Commission Duties Relating to Record Keeping of Military Discharge Forms - (a) The county commission shall order that the clerk of...
§7-1-3m. Authority to Employ, Fix Compensation for and Discharge Personnel - In addition to all other powers and duties now conferred...
§7-1-3mm. Transfer of Development Rights in Growth Counties - (a) In addition to all other powers and duties now...
§7-1-3n. Authority of Certain Counties as to Building and Housing Codes; State Building Code - (a) In addition to all other powers and duties now...
§7-1-3nn. Election on Ordinance for Program for Transfer of Development Rights; Form of Ballots or Ballot Labels; Procedure - (a) A county commission which has been designated as a...
§7-1-3o. Authority to Construct and Maintain County Transportation, Parking, and Other Public Facilities; Delegation of Such Authority to Board or Commission; Financing - In addition to all other powers and duties now conferred...
§7-1-3oo. Authority to Enter Into Energy-Savings Contracts - (a) As used in this section: (1) "Energy-conservation measures" means...
§7-1-3p. Authority to Require Permits for Mobile Homes or House Trailers; Penalty - The county court of any county is hereby authorized and...
§7-1-3pp. Additional Powers and Duties of Commission; Areas of Special or Unique Interest - A county commission may designate areas of special or unique...
§7-1-3q. County Commissions on Intergovernmental Relations Created and Established; Composition of Commission; Powers and Duties of Commission; Executive Secretary; Duties of Executive Secretary - There is hereby established in each county a commission on...
§7-1-3qq. Authorizing County Commissions to Hold Motor Vehicle Racing Events on Public Roads, Municipal Streets or Airports - (a) In addition to all other powers and duties not...
§7-1-3r. Purposes of Section; County Commissions on Crime, Delinquency and Correction Created and Established; Composition of Commission; Powers and Duties of Commission; Executive Secretary; Duties of Executive Secretary - (a) The enactment of the Omnibus Crime Control and Safe...
§7-1-3rr. Accessible County Records; Required Information - (a) Beginning December 31, 2020, each county commission shall maintain...
§7-1-3s. Authority to Govern Traffic and Parking; Rules and Regulations; Penalties - County courts are hereby authorized to promulgate rules and regulations,...
§7-1-3ss. County Option Election on Forbidding Nonintoxicating Beer, Wine, or Alcoholic Liquors to Be Sold, Given, or Dispensed After 6:00 a.m. on Sundays - The county commission of any county may conduct a county...
§7-1-3t. Authority to Make Grants From General Revenue Funds and Other Funds for Water and Sewer Systems - In addition to all other powers and duties now conferred...
§7-1-3tt. Restriction on the Regulation of Trades, Occupations, and Professions - Unless specifically authorized under this code, a county commission shall...
§7-1-3u. Authority of Counties and Municipalities to Treat Streams to Prevent Floods - To protect people and property from floods, counties and municipalities...
§7-1-3v. Floodplain and Mudslide Area Management; Legislative Findings; Power and Authority; Enforcement; Provisions Cumulative - (a) The Legislature hereby finds and declares that it is...
§7-1-3w. Authority to Establish County Beautification Councils; Organization; County Commissions Not Obligated for Debts of Councils; Powers and Duties; Expenditures of Funds by Councils; Authority of County Commissions to Appropriate Moneys - In addition to all other powers and duties now conferred...
§7-1-3x. County Information Referral Service - In addition to all other powers and duties now conferred...
§7-1-3y. Authority to Grant Funds to Nutrition Programs - In addition to all other powers and duties now conferred...
§7-1-3z. Authority of Counties to Govern Business of Massage - (a) In addition to all other powers and duties now...
§7-1-4. County Commission Authority to Enact Ordinance; Ordinance Provisions Defining Terms; Restricting Certain Activities in Relation to Obscene Matter; and Establishing Penalties for Violations - (a) In addition to all other powers which county commissions...
§7-1-5. Duties of County Commissioners; Payment for Services Other Than Services in Court - It shall be the duty of the county commissioners of...
§7-1-5a. Excusal of Commissioner From Voting Where Conflict of Interest Involved - Each county commissioner present during any county commission meeting when...
§7-1-6. Power to Punish for Contempts - The county court of every county shall have the same...
§7-1-7. Record Books - (a) Beginning on July 1, 2017, the county commission shall,...
§7-1-8. Continuance of Matters at End of Session - All matters pending before any county court and ready for...
§7-1-9. Creation of Special Funds - In addition to all other powers and duties now conferred...
§7-1-10. Special Account for Federal and State Grants-in-Aid Authorized - In addition to the special funds account authorized by the...
§7-1-11. Purchasing in Open Market or Competitive Bids; Debarment - (a) County commissions may make a purchase of commodities and...
§7-1-12. Authority for Establishing County Curfews; Jurisdiction for Violations - In addition to all other powers and duties now conferred...
§7-1-13. Regulation of Amateur Radio Antennas - (a) Any county ordinance or order concerning the regulation or...
§7-1-14. Custody and Care of Animals Abandoned, Neglected or Cruelly Treated; Animals Causing Public Nuisance, Health Risk or Safety Hazard; Authority of County Commission - (a) Notwithstanding any provision of this code to the contrary,...
§7-1-15. Challenge of Candidate for County Commission; Residency - (a) (1) Any person desiring to contest the qualifications of...
§7-1-16. Reporting of Fraud and Misappropriation of Funds - (a) Whenever a county commission, or any of a countys...
Article 2. County and District Boundaries; Change of County Seat and Names of Unincorporated Towns and of Districts
§7-2-1. Disputed County Boundary Lines; Jurisdiction of Circuit Court; Review - Whenever a doubt shall exist, or a dispute arise as...
§7-2-2. Magisterial Districts; Boundary Lines - Each county shall be laid off by the county court...
§7-2-3. Relocation of County Seat - Upon the filing of a petition signed by two fifths...
§7-2-4. Change of Name of Unincorporated Town or of District; Petition; Notice - When the people of any town or village not incorporated,...
§7-2-5. Order Changing Name; Recordation; Costs - At the time to which the court or other tribunal...
§7-2-6. Establishment of County Boundary Lines; Filing of Maps; Changes - The boundary lines between the several counties of the state...
§7-2-7. Establishment of Tax District Boundary Lines - On and after July 1, 1978, the topographical quadrangle maps...
§7-2-8. License Required for County Surveyor - Each county surveyor of lands first elected or first appointed...
Article 3. County Property
§7-3-1. Conveyances or Devises to County - No words in any devise or conveyance of real estate...
§7-3-2. Courthouse, Jail and Offices - The county commission of every county, at the expense of...
§7-3-2a. County Commissions to Purchase and Display Flags - The county commission of every county of the state shall...
§7-3-3. Sale of County or District Property - (a) Except as may be prohibited by law or otherwise,...
§7-3-3a. Sale of County or District Property; Local Option Election; Petition, Election Procedure; Form of Ballot; Effect of Such Election - The county commission of any county is authorized to call...
§7-3-4. Leasing of County Lands for Oil, Gas or Minerals - The county court of any county may lease for oil...
§7-3-5. County Commissions Authorized to Acquire and Convey Real Estate and Contract for Construction, etc., and Rental of Courthouse, Jail or Other Public Building - The county commission of any county is hereby authorized and...
§7-3-6. Annual Levy for Rentals - The said court shall levy and collect annually an amount...
§7-3-7. Bonds for Cost of Real Estate and Public Buildings - Any county court is likewise authorized and empowered to acquire...
§7-3-7a. Bonds for Construction or Renovation of County Jail or Regional Correctional Center - The county commissions of the several counties are hereby authorized...
§7-3-8. Creation and Enforcement of Lien of Bondholders - There shall be and there is hereby created a statutory...
§7-3-9. Form and Payment of Bonds; Use of Proceeds of Bonds - Any county commission issuing revenue bonds under the provisions of...
§7-3-10. Limitation on Character of Debt Incurred - Nothing in this act contained shall be so construed or...
§7-3-11. Powers Conferred Are Additional - This act shall be deemed to provide an additional and...
§7-3-12. Liberally Construed - This act, being necessary for the health, welfare and public...
§7-3-13. Limitation on Amount of Debt; Increase of Levies - Notwithstanding the provisions of general law, any county court authorized...
§7-3-14. Authority to Acquire and Operate Hospitals, Clinics, Long-Term Care Facilities and Other Related Facilities; Financing - The county commission of any county is hereby authorized and...
§7-3-14a. "Hospital," "clinic" and &Quot;long-Term Care Facility" Defined - The following terms whenever used in this article shall have...
§7-3-15. Board of Trustees for Hospital, Clinic or Long-Term Care Facility - The administration and management of any county public hospital, clinic,...
§7-3-15a. Transfer of Moneys; Treasurer for County Hospitals; Bonding of Treasurer; Approval of Bank Accounts; Authority to Invest - The sheriff of each county shall remit to the board...
§7-3-16. Operation With Bonds Outstanding - So long as any revenue bonds remain outstanding under the...
§7-3-17. Construction - The provisions of sections fourteen, fifteen and sixteen of this...
§7-3-18. Insuring of Moneys Collected by County Officers - Any county officer, who by the laws of the State...
§7-3-19. Dedication to or Naming County Property for Office Holder Prohibited - Notwithstanding any provision of this code to the contrary, county...
Article 4. Prosecuting Attorney, Rewards and Legal Advice
§7-4-1. Duties of Prosecuting Attorney; Further Duties Upon Request of Attorney General - (a) The prosecuting attorney shall attend to the criminal business...
§7-4-1a. Eligibility of Prosecuting Attorneys - To be eligible to be a candidate for the office...
§7-4-2. Rewards for Apprehension of Persons Charged With Crime and Expenditure of Money for Detection of Crime; Appointment of Investigators of Crime - The prosecuting attorney of any county, with the approval of...
§7-4-3. Employment of Counsel for Civil Matters; Compensation of Counsel - The county commission of any county shall have authority to...
§7-4-4. Prosecutor’s Advisory Council; Victim Advocates; Participation in Multidisciplinary Planning Process - The prosecutor’s advisory council composed of elected prosecuting attorneys of...
§7-4-5. Multidisciplinary Investigative Teams - The prosecuting attorney of each county in the state shall...
§7-4-6. West Virginia Prosecuting Attorneys Institute - (a) There is continued the West Virginia prosecuting attorneys Institute,...
Article 5. Fiscal Affairs
§7-5-1. Sheriff Ex Officio County Treasurer - The sheriff shall be ex officio county treasurer and as...
§7-5-2. Accounts by Clerk of County Court - The clerk of the county court shall keep proper accounts...
§7-5-2a. Credit Cards as Form of Payment - Notwithstanding any code provision to the contrary, county officers required...
§7-5-3. Claims Against County - Every person having a claim or demand against a county...
§7-5-4. Payment of Money Out of County Treasury; Signing of Orders by Mechanical or Electrical Devices; Forgery; Penalty - No money shall be paid by the sheriff out of...
§7-5-5. Issuance of County Orders - No order shall be drawn on the county treasurer unless...
§7-5-6. Form of Orders - All orders on the county treasurer shall be in form...
§7-5-7. Payment of Legitimate Uncontested Invoices; Interest on Late Payments; &Quot;prompt Pay Act of 1995." - (a) Any properly registered and qualified vendor who supplies services...
§7-5-7a. Authorization for Purchase Card Utilization - Notwithstanding any other code provision to the contrary, any county...
§7-5-8. Demand Before Suit - No suit shall be brought against a county court for...
§7-5-9. Exemption of County Property From Execution; Enforcing Payment of Order or Judgment - The land, buildings, furniture and books belonging to a county,...
§7-5-10. County Orders Receivable for Taxes and Fees - Every officer charged with the collection of taxes for any...
§7-5-11. Discounting or Purchasing Orders - If any such sheriff, collector or deputy, or officer or...
§7-5-12. Refusal to Pay Orders - If any such officers as hereinbefore mentioned shall fail or...
§7-5-13. Failure to Account for Taxes or Moneys - If any officer whose duty it is to collect or...
§7-5-14. Vacancy in Office of Sheriff; Collection of Taxes and Fee Bills by Successor - In all cases in which a vacancy may occur in...
§7-5-15. Annual Statement of Sheriff of Fines and Costs Received From Magistrates; Payment Into State Treasury - The sheriff shall annually, during the month of January, render...
§7-5-16. Preparation, Publication and Disposition of Financial Statements - (a) The county commission of every county, by October 15...
§7-5-17. Authority of County Officials or Employees to Become Members of Voluntary Associations - Any county official or employee is hereby authorized to become...
§7-5-17a. Triennial Audits by Certain Associations and Organizations Receiving County Funds - (a) Any voluntary association or other membership organization, whether nonprofit...
§7-5-18. Membership and Participation in Area Development Corporations - A county court is hereby authorized and empowered to become...
§7-5-19. Liability Insurance for County Officers and Employees - Every county shall have plenary power and authority to contract...
§7-5-20. Group Insurance Programs Authorized - Every county through its county court shall have plenary power...
§7-5-21. Annual and Sick Leave for County Employees - The county commission of any county is hereby authorized to...
§7-5-22. County Solid Waste Assessment Fees Authorized - Each county or regional solid waste authority is hereby authorized...
§7-5-23. Voluntary Direct Deposits by County Treasurer of Salaries of Employees to Banks or Other Financial Institutions - Any officer or employee of a county of West Virginia...
§7-5-24. Sheriff May Commence Civil Action Without Paying Fees and Costs; Fees and Costs Recoverable From Defendants After Completion of Litigation - The sheriff is not required to pay any filing fee,...
§7-5-25. Prohibition Against Certain Deductions and Assignments of Earnings From Compensation of County Officers or Employees - No deductions or assignments of earnings shall be allowed for...
Article 5A. Loans From Governmental Agencies to Liquidate Certain Indebtedness
§7-5A-1. Loans Authorized - The several county courts of West Virginia, for and on...
§7-5A-2. Liquidating Fund of County Indebtedness - There is hereby created a special fund which shall be...
§7-5A-3. Notice Requiring Presentation of Outstanding Claims - When the aforesaid funds have been received and properly credited...
§7-5A-4. Time for Presentation of Unpaid Claims; Payment by Drafts; Balance Deposited in Sinking Fund - All persons, firms or corporations holding any claims drawn on...
§7-5A-5. Creation of Sinking Fund; Loan May Be Repaid After Five Years - The said county courts shall set apart a sufficient amount...
Article 6. County Depositories
§7-6-1. Designation of Depositories - On or before June 30, of each year, the county...
§7-6-2. Bond of Depositories - (a) No designation is binding on any county, nor shall...
§7-6-2a. Dealer Recovery Fund Created - (a) There is hereby created a special fund in the...
§7-6-3. Additional Security; Failure of Depository to Comply With Article; Removal of Moneys; Cessation of Business - The banking institutions designated in the manner hereinbefore provided shall,...
§7-6-4. Deposit and Disbursement of Moneys by Sheriff - The sheriff, upon receipt of a certified copy of the...
§7-6-5. Interest on Deposits - The county treasurer is authorized to establish with such depositories...
§7-6-5a. County Treasurer Authorized to Make Funds Available to State Board of Investments; Allocation of Income - Notwithstanding any other provision of this code, when it appears...
§7-6-6. Monthly Statement of Amount of Deposits - On the first business day of each month a county...
§7-6-7. Account of Deposits and Disbursements - The treasurer shall keep an account with each depository showing...
§7-6-8. Meaning of &Quot;public moneys." - The term "public moneys," as used in this article, shall...
§7-6-9. Liability of Sheriff for Violation of Depository Law - If any sheriff shall willfully fail, refuse or neglect to...
Article 7. Compensation of Elected County Officials
§7-7-1. Legislative Findings and Purpose - (a) The Legislature finds that it has, since January 1,...
§7-7-2. Establishment of County In-Service Training Programs; Further Additional Duties for Prosecuting Attorney in Any County in Excess of 200,000 - (a) There are hereby established county in-service training programs as...
§7-7-3. Classification of Counties for Purpose of Determining Compensation of Elected County Officials - (a) Effective July 1, 1996, and thereafter, for the purpose...
§7-7-4. Compensation of Elected County Officials and County Commissioners for Each Class of County; Effective Date - (1) The increased salaries to be paid to the county...
§7-7-4a. Authorizing the Option of Full-Time Status for Part-Time Prosecuting Attorneys - (a) On or before the first day of January, two...
§7-7-6a. Assessors; Additional Compensation; Additional Duties - In addition to the salary or compensation provided elsewhere in...
§7-7-6b. Additional Compensation of Assessors According to County Classification - For the purpose of determining the additional compensation to be...
§7-7-6c. Additional Compensation of Assessor - The county commission of each county shall allow the assessor...
§7-7-6d. Collection of Head Tax on Dogs; Duties of Assessor and Sheriff; Registration of Dogs; Disposition of Head Tax; Taxes on Dogs Not Collected by Assessor - (a) It shall be the duty of the county assessor...
§7-7-6e. Collection of Head Tax on Sheep and Goats; Duties of County Assessors and Commissioner of Agriculture; Deposit of Tax Collections; Creation of Special Revenue Fund; Purposes - After June 30, 2005, it shall be the duty of...
§7-7-7. County Assistants, Deputies and Employees; Their Number and Compensation; County Budget - (a) The county clerk, circuit clerk, sheriff, county assessor and...
§7-7-7a. Limit of Budget Expenditures - (a) No county clerk, circuit clerk, sheriff, county assessor or...
§7-7-8. Assistant Prosecuting Attorneys; Appointment and Compensation; When Court May Appoint Attorney to Prosecute - The prosecuting attorney of each county may, in accordance with...
§7-7-9. Procedure for Payment of Compensation - (a) The compensation of the county clerk, circuit clerk, sheriff,...
§7-7-11. Illegal Orders for Compensation - If any clerk shall issue and deliver a draft to...
§7-7-12. Sharing Compensation Prohibited - No county official shall receive or be paid, directly or...
§7-7-13. Allowance for Expenses of Sheriff - (a) The county commission of every county shall allow the...
§7-7-14. Training of Sheriffs and Deputies; Payment of Expenses Thereof by County Commission - The county commission of each county is authorized, at its...
§7-7-14a. Personal Body Armor to Be Provided to Deputy Sheriffs; Standards; Payment of Expenses Thereof by County Commission - (a) (1) The sheriff of each county shall provide an...
§7-7-15. Allowance for Expenses of Prosecuting Attorney - In addition to his or her compensation, the prosecuting attorney...
§7-7-16. Mileage Allowance for County Officials and Employees - (a) The county commission of each county shall allow to...
§7-7-16a. Motor Vehicles Owned by the County - The sheriff of each county and his or her deputies...
§7-7-19. Compliance With Economic Stabilization Act of 1970 - Nothing herein contained shall be construed to permit the compensation...
§7-7-20. Penalties - If any county clerk, circuit clerk, sheriff, county assessor or...
§7-7-21. Severability - If any provision of this article or the application thereof...
§7-7-22. Direct Deposit of County Officials' and Employees' Compensation Into Designated Accounts in Financial Institutions - Notwithstanding any other provision of this article, a county commission,...
§7-7-23. Awarding Service Pistol Upon Retirement - (a) Upon the retirement of a deputy from the sheriff's...
Article 8. Jail and Jailer
§7-8-1. Jail to Be Provided; Temporary Jail; Compensation by County for Use of City Jail - The jail of the county shall be the jail provided...
§7-8-2. Sheriff to Be Keeper of Jail; Appointment of Jailer; Care of Jail; Authorizing County Commissions and Municipalities to Seek Reimbursement of Medical Care and Certain Clothing Provided by County Jails - (a) The sheriff of every county shall be the keeper...
§7-8-2a. Feeding and Care of Prisoners; Purchase of Food and Supplies; Contract for Feeding of Prisoners; Records; Inspection by Health Officer; Payment of Costs - (a) On and after January 1, 1949, the county commission...
§7-8-4. Jailer to Attend Court; Prisoners to Be Received in Jail - The jailer shall attend the sessions of court, be amenable...
§7-8-5. Keeper of Temporary Jail - The keeper of any jail adopted or designated as provided...
§7-8-6. Guard for Prisoners - When ordered by a court to do so, or when...
§7-8-7. Jail Physician; Clothing for Indigent Prisoners - The county court for every county may appoint a physician...
§7-8-8. Federal Prisoners - The jail of any county may be used for the...
§7-8-9. Prisoners Under Civil Process - The party at whose suit any person is confined in...
§7-8-10. Persons Privileged From Arrest Under Civil Process - In addition to the privilege of voters and members of...
§7-8-11. Deduction From Sentence for Good Conduct - Every prisoner sentenced to the county jail for a term...
§7-8-12. Establishment, Operation and Maintenance of County Work Farms - The county commission of every county is authorized to establish,...
§7–8-14. Reimbursement for Costs of Incarceration - (a) Notwithstanding any provision to the code to the contrary...
Article 9. County and City Workhouses
§7-9-1. Establishment - The commissioners of any county may unite with any city,...
§7-9-2. Board of Directors - The direction, management and control of any such joint workhouse,...
§7-9-3. Appointment of Directors - The directors shall be appointed by the mayor, and the...
§7-9-4. Officers - The board of such joint city and county workhouse directors...
§7-9-5. Contracts - Contracts may be made by or on behalf of the...
§7-9-6. Employees - The board shall have power to appoint a superintendent, deputy...
§7-9-7. Regulations - The board shall have power to make, establish and enforce...
§7-9-8. Records - The books of the institution shall be so kept as...
§7-9-9. Quarterly Financial Statements - The board shall cause quarterly statements to be made, specifying...
§7-9-10. Accounts and Reports - The accounts of the institutions shall be annually closed and...
§7-9-11. Superintendent - The superintendent of such workhouse shall have the control and...
§7-9-12. Inspection and Supervision - The superintendent shall be responsible for the manner in which...
§7-9-13. Deputy Superintendent - In the absence or inability of the superintendent, the deputy...
§7-9-14. Removal of Officers - The board, for misconduct or willful neglect of duty, and...
§7-9-15. Costs of Maintenance - The costs of maintaining such joint city and county workhouse,...
§7-9-16. Commitments - When a person over sixteen years of age is convicted...
§7-9-17. Inmates From Other Counties and Cities - Any city and county or county having or that may...
§7-9-18. Inmates From Cities - The commissioners of any county, or the council of any...
§7-9-19. Sentence to Workhouse - When any person has been convicted of a misdemeanor or...
§7-9-20. Procedure After Sentence - When a person is sentenced to such workhouse by the...
§7-9-21. Payment of Fine - When a person is committed to such workhouse under sentence...
§7-9-22. Enlargement of Buildings - The board of joint city and county workshop directors, or...
§7-9-23. Fees of Officers - In all cases of sentence and commitment to such joint...
§7-9-24. Parole - The foregoing board of joint city and county workhouse directors...
Article 10. Humane Officers
§7-10-1. Deputy Sheriffs as Humane Officers - The sheriff of each county of this state shall annually...
§7-10-2. Duty of Humane Officers; Reporting Requirement When Abuse or Neglect of Individuals Suspected; Prohibition Against Interference With Humane Officers; Penalties - (a) Humane officers shall prevent the perpetration or continuance of...
§7-10-3. Cruel Treatment of Animal Drawing or in Vehicle; Custody and Care Thereof by Humane Officers - When any person arrested is, at the time of such...
§7-10-4. Custody and Care of Animals Abandoned, Neglected or Cruelly Treated; Hearing; Bonds; Liability for Costs; Liens; Exclusions - (a) Subject to the provisions of subsection (h) of this...
§7-10-4a. Reporting of Animals Abandoned, Neglected or Cruelly Treated; Enforcement - (a) It is the duty of any licensed veterinarian and...
§7-10-5. Destruction of Animals - Any humane officer or animal shelter lawfully may humanely destroy...
Article 11. County Parks and Recreation Commissions
§7-11-1. County Courts Authorized to Create a County Parks and Recreation Commission - The county court of any county is hereby authorized and...
§7-11-2. Commission a Body Corporate; Perpetual Existence; Name; Power and Authority; Authority of County Commission; Indebtedness of Commission; Agreements; Tax Exemption - Any parks and recreation commission created by a county court...
§7-11-2a. Authority to Lease Property for Educational Instruction in Fire Prevention and Protection - In addition to the powers and duties set forth in...
§7-11-3. Number of Members; Quorum; Qualifications; Appointment; Term; Disqualifications - The commission shall consist of eleven members, a majority of...
§7-11-4. Oath of Members; Officers; Location of Office; Personnel - After appointment, the members of the commission shall qualify by...
§7-11-5. General Powers of Commission; Rules; Misdemeanor Offenses; Park Police Authorized - The commission shall have the necessary powers and authority to...
§7-11-6. Severability - If any provision of this article or the application thereof...
Article 11A. Museum Commissions
§7-11A-1. County Commission or Municipality May Establish Museum Commission; Cooperation; Appointments - Any county commission by order entered of record and any...
§7-11A-2. Provisions of Order or Ordinance Creating Commission - In any such order or ordinance, the governing body shall...
§7-11A-3. Commission Empowered to Employ Personnel and Charge Admission Fees - Any such commission may also be authorized and empowered by...
§7-11A-4. County Commission or Municipality May Contribute Money to Commission; Commission May Receive Gifts, etc. - Any municipality or county establishing any such commission shall have...
§7-11A-5. County, City and State Agencies Shall Assist Commission - Upon the request of any such commission, all agencies of...
§7-11A-6. Commission Must Cooperate and Coordinate Activities With State Agencies - Every such commission shall cooperate and coordinate its activities with...
Article 11B. West Virginia Tax Increment Financing Act
§7-11B-1. Short Title - This article may be known and cited as "The West...
§7-11B-2. Findings and Legislative Purpose - (a) It is found and declared to be the policy...
§7-11B-3. Definitions - (a) General. When used in this article, words and phrases...
§7-11B-4. Powers Generally - In addition to any other powers conferred by law, a...
§7-11B-5. Powers Supplemental - The powers conferred by this article are in addition and...
§7-11B-6. Application for Development or Redevelopment Plan - (a) An agency or a project developer may apply to...
§7-11B-7. Creation of a Development or Redevelopment Area or District - (a) County commissions and the governing bodies of Class I,...
§7-11B-8. Project Plan — Approval - (a) The county commission or municipality creating the district shall...
§7-11B-9. Project Plan Amendment - (a) The county commission may by order, or the governing...
§7-11B-10. Termination of Development or Redevelopment District - (a) No development or redevelopment district may be in existence...
§7-11B-11. Costs of Formation of Development or Redevelopment District - (a) The county commission, or the governing body of a...
§7-11B-12. Overlapping Districts Prohibited, - The boundaries of any development and redevelopment districts shall not...
§7-11B-13. Conflicts of Interest; Required Disclosures and Abstention - (a) If any member of the governing body of an...
§7-11B-14. Projects Financed by Tax Increment Financing Considered to Be Public Improvements Subject to Prevailing Wage, Local Labor Preference and Competitive Bid Requirements - (a) Any project acquired, constructed, or financed, in whole or...
§7-11B-15. Reports by County Commissions and Municipalities, Contents, and Publication; Procedure to Determine Progress of Project; Reports by Development Office, Content of Reports; Rule-Making Authority; Development Office to Provide Manual and Ass... - (a) Each year, the county commission, or its designee, and...
§7-11B-16. Valuation of Real Property - (a) Upon and after the effective date of the creation...
§7-11B-17. Division of Ad Valorem Real Property Tax Revenue - (a) For so long as the development or redevelopment district...
§7-11B-18. Payments in Lieu of Taxes and Other Revenues - (a) The county commission or municipality that created the development...
§7-11B-19. Tax Increment Obligations Generally - (a) Tax increment obligations may be issued by a county...
§7-11B-20. Tax Increment Financing Obligations -- Authority to Issue - For the purpose of paying project costs, or for the...
§7-11B-21. Tax Increment Financing Obligations -- Authorizing Order or Ordinance - (a) Issuance of tax increment financing obligations shall be authorized...
§7-11B-22. Tax Increment Financing Obligations Terms, Conditions - (a) Tax increment financing obligations may not be issued in...
§7-11B-23. Tax Increment Financing Obligations -– Security -– Marketability - To increase the security and marketability of tax increment financing...
§7-11B-24. Tax Increment Financing Obligations -- Special Fund for Repayment - (a) Tax increment financing obligations issued by a county commission...
§7-11B-25. Tax Increment Financing Obligations – Tax Exemption - Tax increment financing obligations issued under this article, together with...
§7-11B-26. Excess Funds - (a) Moneys received in the tax increment financing fund of...
§7-11B-27. Computation of Local Share for Support of Public Schools When Tax Increment Financing Is Used - For purposes of any computation made in accordance with the...
§7-11B-28. Effective Date - Notwithstanding the effective date of this act of the Legislature,...
§7-11B-29. Joint Development or Redevelopment Districts - (a) The Legislature hereby finds and declares that the citizens...
§7-11B-30. Application by Division of Highways - (a) The Commissioner of Highways may propose creation by a...
Article 12. County and Municipal Development Authorities
§7-12-1. Establishment Authorized; Name; Exceptions - Except as hereinafter provided, the governing body of every municipality...
§7-12-2. Purposes - The purposes for which the authority is created are to...
§7-12-3. Management and Control of County Authority Vested in Board; Appointment and Terms of Members; Vacancies; Removal of Members - The management and control of a county authority, its property,...
§7-12-3a. Management and Control of Municipal Authority Vested in Board; Appointment and Terms of Members; Vacancies; Removal of Members - The management and control of a municipal authority, its property,...
§7-12-4. Qualifications of Members - (a) In addition to the appointing agencies as provided for...
§7-12-5. Compensation of Members; Expenses; Recusal of Member From Voting Where Conflict of Interest Involved - (a) No member of the authority shall receive any compensation,...
§7-12-6. Authority to Be a Public Corporation - The authority and the members thereof shall constitute and be...
§7-12-7. Powers Generally - (a) The development authority is hereby given power and authority...
§7-12-7a. Findings Respecting Necessity for Exercise of Right of Eminent Domain; Authorization to Exercise Right of Eminent Domain - (a) It is hereby found and determined by the Legislature...
§7-12-8. Incurring Indebtedness; Rights of Creditors - The authority may incur any proper indebtedness and issue any...
§7-12-9. Agreements in Connection With Obtaining Funds - The authority may, in connection with obtaining funds for its...
§7-12-9a. Joint Undertakings by County Development Authorities - (a) The Legislature hereby finds and declares that the citizens...
§7-12-9b. Joint Development Entities - (a) The Legislature hereby finds and declares that the citizens...
§7-12-10. Property, Bonds and Obligations of Authority Exempt From Taxation - The authority shall be exempt from the payment of any...
§7-12-11. Participation and Appropriations Authorized; Transfers and Conveyances of Property - The governing body of a municipality and county commission are...
§7-12-12. Contributions by County Commissions, Municipalities and Others; Funds and Accounts; Reports; Audit and Examination of Books, Records and Accounts - Contributions may be made to the authority from time to...
§7-12-13. Sale or Lease of Property; Reversion of Assets Upon Dissolution - In the event the board of the authority shall so...
§7-12-14. Employees to Be Covered by Workers' Compensation - All employees of the authority eligible thereto are deemed to...
§7-12-15. Liberal Construction of Article - It is the purpose of this article to provide for...
§7-12-16. Provisions Severable - The several sections and provisions of this article are severable,...
Article 12A. Maintenance Associations
§7-12A-1. Definitions - In this article the following terms shall have the meanings...
§7-12A-2. Purpose of the Maintenance Association - Maintenance associations may be established in any county outside an...
§7-12A-3. Petition to Establish Maintenance Association - (a) A petition in writing may be made to the...
§7-12A-4. Contents of Maintenance Association Document; Approval of Recording of Maintenance Association Documents - (a) The maintenance association document shall include language for: (1)...
§7-12A-5. Powers of Maintenance Associations - A maintenance association formed pursuant to this article may have...
§7-12A-6. Assessment and Collection of Fees; Notice - (a) A maintenance association which furnishes essential services, including, but...
Article 13. Economic Opportunity Programs
§7-13-1. Community Action Program Organizations - In order to stimulate the communities of West Virginia in...
§7-13-2. Recognition - In furtherance of this objective, the Governor is authorized to...
§7-13-4. Eligibility - In determining whether a community action program organization shall be...
§7-13-5. Area Encompassed in Program - Community action programs shall encompass a county or multicounty unit,...
§7-13-6. Membership and Participation in Community Action Program Organizations - A county court, county board of education, or municipal government...
§7-13-6a. Community Action Agencies - A county court, a county board of education or a...
§7-13-7. Status of Community Action Program Organizations - In order to be a community action program organization under...
§7-13-8. Contributions by County Courts, County Boards of Education and Municipal Governments - A county court, county board of education, or municipal government...
§7-13-9. Accountability of Funds - As a condition to participation in community action program organization...
§7-13-10. Employees Covered by Workers' Compensation - All employees of a community action program organization eligible thereto...
§7-13-11. Volunteers in Service to America - Federal enlistees in Volunteers in Service to America, hereinafter referred...
§7-13-12. Severability - If any provision of this article, or the applicability thereof...
§7-13-13. Liberal Construction of Article - This article is enacted to assist with the reduction and...
§7-13-14. Amendment of Federal Act - The amendment of the federal Economic Opportunity Act of 1964...
Article 14. Civil Service for Deputy Sheriffs
§7-14-1. Appointments and Promotions of Deputy Sheriffs - Notwithstanding the provisions of article three, chapter six, and article...
§7-14-2. Definitions; Population - (a) For the purpose of this article: (1) "Appointing officer"...
§7-14-3. Civil Service Commission - There shall be a civil service commission in each county...
§7-14-4. Clerk of the Commission - The clerk of the county court shall be ex officio...
§7-14-5. Office and Supplies for Commission; Appropriations Required - It shall be the duty of the county court of...
§7-14-6. Powers and Duties of Commission - The civil service commission in each such county shall: (1)...
§7-14-7. Rules and Regulations of Commission; Notice and Distribution Thereof; Probationary Period for Appointees - The civil service commission in each such county shall make...
§7-14-8. Form of Application; Age Requirements; Exceptions - The civil service commission in each such county shall require...
§7-14-9. Character and Notice of Competitive Examinations; Qualifications of Applicants; Competitive Examinations to Be Prescribed by State Civil Service Commission; Press Representatives; Posting Eligible List; Medical Examinations; Exceptions as to... - All competitive examinations for appointments or promotions to all positions...
§7-14-10. Refusal to Examine or Certify; Review Thereof - The commission may refuse to examine an applicant, or after...
§7-14-11. Appointments From Eligible List - On and after the effective date of this article, every...
§7-14-12. Noncompetitive Examination for Filling Vacancy; Provisional Appointment - Whenever there are urgent reasons for filling a vacancy in...
§7-14-13. Vacancies Filled by Promotions; Eligibility for Promotion; Rights of Chief Deputy - Vacancies in positions of deputy sheriff shall be filled, so...
§7-14-14. No Inquiry Shall Be Made Concerning Political or Religious Opinions or Affiliations of Applicants, etc. - No question in any form of application or in or...
§7-14-15. Political Activities of Members Prohibited; Exceptions - (a) A deputy sheriff covered by the provisions of this...
§7-14-15a. Additional Part-Time Police Work Permitted - Deputy sheriffs shall be allowed to engage in police work...
§7-14-16. Training and Retraining Programs for All Deputies Required - (a) The civil service commission of any such county shall...
§7-14-17. Removal, Discharge, Suspension or Reduction in Rank or Pay; Hearing; Attorney Fees; Appeal; Reduction in Force; Mandatory Retirement Age - (a) No deputy sheriff of any county subject to the...
§7-14-17a. Vacations for Deputy Sheriffs - The county commission of each county shall allow the sheriff's...
§7-14-17b. Sick Leave for Deputy Sheriffs - (a) The county commission of each county shall allow the...
§7-14-17c. Salary Increment - Every deputy sheriff with one year or more of service...
§7-14-17d. Right to Receive Complete Standard Uniform; and Right to Acquire Badge - A deputy sheriff, upon honorable retirement, shall be authorized to...
§7-14-17e. Deputy Sheriffs Who Are Required to Work During Holidays; How Compensated - From the effective date of this section, if any deputy...
§7-14-18. Offenses and Penalties - Any person who makes an appointment or promotion to any...
§7-14-19a. Additional Police Work for Deputy Sheriffs in Noncivil Service Counties - The sheriff of any county with a population of less...
§7-14-20. Inconsistent Acts Repealed; Once Established Civil Service Remains Mandatory - All acts and parts of acts of the Legislature, whether...
§7-14-21. Severability - If any provision of this article or its application to...
Article 14A. Deputy Sheriffs' Tort Liability
§7-14A-1. Short Title - This article may be cited and referred to as the...
§7-14A-2. Definitions - For the purpose of this article and as used in...
§7-14A-3. County Commission to Purchase Professional Liability Insurance; Limits; Additional Insurance Authorized; Contribution From Deputies - Effective January 1, 1978, the county commission of each county...
§7-14A-4. Liability of Sheriff, County and County Commission Limited - Any other provision of this code or rule of law...
Article 14B. Civil Service for Correctional Officers
§7-14B-1. Appointments and Promotions of Correctional Officers - Notwithstanding the provisions of article three, chapter six, and article...
§7-14B-2. Definitions; Population - (a) For the purpose of this article: (1) "Appointing officer"...
§7-14B-3. Civil Service Commission - There shall be a civil service commission in each county...
§7-14B-4. Clerk of Commission - The clerk of the county commission shall be ex officio...
§7-14B-5. Office and Supplies for Commission; Appropriations Required - It shall be the duty of the county commission of...
§7-14B-6. Powers and Duties of Commission - The civil service commission in each such county shall: (1)...
§7-14B-7. Rules and Regulations of Commission; Notice and Distribution The