One of the ways municipalities can annex land is through the “minor boundary adjustment” provision in the state code. That method requires no approval by owners of the property to be annexed, only for the municipality to get permission from the county commission.
Common sense would tell you that a “minor adjustment” means a relatively small piece of property, maybe a street or a block. However, because of the way the law was crafted, “minor” could mean quite a lot of land.
The West Virginia Supreme Court ruled in a Nicholas County case in 2017 that the Legislature had delegated significant powers to the county commission to approve annexation by minor boundary adjustment.
Several municipalities have taken advantage of that liberal provision and have annexed, or attempted to annex, large swaths of property. For example, a few years ago, the state Supreme Court upheld Oak Hill’s annexation of nearly four square miles and nearly 2,500 acres, including the entirety of a small town.
So, Morgantown had state code and a state Supreme Court decision on its side when it started the process last year to annex nearly four square miles, more than 12,000 people and 360 businesses into the city limits. However, the city definitely did not have the consensus of those property owners who were targeted for annexation.
The opponents protested vigorously, arguing they were being forced into the city — and the higher taxes and fees that would accompany that annexation — without their consent. That led to a movement to change the law during this legislative session.
Senate Bill 209 started out as a complete repeal of minor boundary adjustments, but the stakeholders eventually agreed to keep that provision with a major change. The bill does away with the carte blanche of the minor boundary adjustment provision and replaces it with a requirement that all individuals, property owners and businesses within the area to be annexed must give their consent.
The bill sailed through the legislature, passing the Senate 33-0-1 and the House of Delegates 94-5-1. Gov. Jim Justice signed the bill last week.
The municipalities, in their quest to expand their borders, have made the argument that homeowners and businesses just outside the boundaries enjoy many of the benefits of a municipality without having to pay for them.
They may have a point, but a forced annexation of hundreds of businesses and thousands of individuals is undemocratic and an exaggerated interpretation of the law. Had a few city leaders not committed and attempted to commit an abuse of their power, municipalities would still have been able to easily make legitimate “minor boundary adjustments.”
Hoppy Kercheval is a MetroNews anchor and the longtime host of “Talkline.” Contact him at hoppy.kercheval@wvradio.com.
