W. Va. Code » §8-1-3. Classification of municipal corporations.
West Virginia Code

W. Va. Code § 8-1-3 (2026)

Classification of municipal corporations

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
Find cases: SyfertCases citing this section WV-LEGwvlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
ARTICLE 1. PURPOSE AND SHORT TITLE; DEFINITIONS; GENERAL PROVISIONS; CONSTRUCTION.

PART III. GENERAL PROVISIONS.

§8-1-3. Classification of municipal corporations.

Pursuant to the mandate of the "Municipal Home Rule Amendment" to the Constitution of this state, all municipal corporations are hereby classified by population into four classes, as follows:

(1) Every municipal corporation with a population in excess of fifty thousand shall be a Class I city;

(2) Every municipal corporation with a population in excess of ten thousand but not in excess of fifty thousand shall be a Class II city;

(3) Every municipal corporation with a population in excess of two thousand but not in excess of ten thousand shall be a Class III city; and

(4) Every municipal corporation with a population of two thousand or less shall be a Class IV town or village.

Transition from one to another class shall occur automatically when the requisite population qualification has been met, effective as of the effective date of the census, as specified in section four of this article.

The Legislature hereby declares its interpretation of the said "Municipal Home Rule Amendment" to be that a single classification by population of municipal corporations in this state is required which shall exclude any other classification of municipal corporations by population for any purpose. It is, therefore, the intention of the Legislature that the classification established in this section shall give effect to the Constitutional mandate and shall be the only classification by population applying to municipal corporations in this state. It is the further intention of the Legislature that subsequent legislation affecting municipal corporations in this state shall treat municipal corporations differently upon the basis of population, only in accordance with the general classification established in this section.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1977–2023 · leading case: State ex rel. City of Charleston v. Bosely, 268 S.E.2d 590 (W. Va. 1980).
Sort: Relevance Newest Treatment
State ex rel. City of Charleston v. Bosely, 268 S.E.2d 590 (W. Va. 1980). · cites it 3× “NOTES [1] W.Va.Code § 8-1-3 defines a Class I city as a municipal corporation with a population in excess of fifty thousand, such population to be determined by official census figures under W.”
Donaldson v. Gainer, 294 S.E.2d 103 (W. Va. 1982). · cites it 2× “We reach this conclusion by a reading of W.Va.Code § 8-1-3 [1969], which classifies all West Virginia municipal corporations into four classes according to population.”
State ex rel. Hill v. Smith, 305 S.E.2d 771 (W. Va. 1983). · cites it 2× “Code, 8-1-2(a)(2) (1969): "`City' is a word of art and shall mean, include and be limited to any Class I, Class II and Class III city, as classified in section three [§ 8-1-3] of this article (except in those instances where the context in which used clearly indicates that a…”
Peyton v. City Council of City of Lewisburg, 387 S.E.2d 532 (W. Va. 1989). “than five hundred inhabitants per square mile (if such part contains one square mile or more), provided such part does not include an amount of territory disproportionate to the number of inhabitants thereof, may be incorporated, depending upon population, as a city, either a…”
Cowan v. Cnty. Comm'n of Logan Cnty., 240 S.E.2d 675 (W. Va. 1977). “than five hundred inhabitants per square mile (if such part contains one square mile or more), provided such part does not include an amount of territory disproportionate to the number of inhabitants thereof, may be incorporated, depending upon population, as a city, either a…”
Town of Burnsville v. Kwik-Pik, Inc., 408 S.E.2d 646 (W. Va. 1991). “W.Va.Code, 8-1-3 (1969), describes a Class IV town or village as a "municipal corporation with a population of two thousand or less.”
Cowan v. Cnty. Com'n of Logan Cty., 240 S.E.2d 675 (W. Va. 1977). “than five hundred inhabitants per square mile (if such part contains one square mile or more), provided such part does not include an amount of territory disproportionate to the number of inhabitants thereof, may be incorporated, depending upon population, as a city, either a…”
Bd. of Trs. of Firemen's Pension v. City of Fairmont, 599 S.E.2d 789 (W. Va. 2004). · cites it 3× “Code § 8 — 1—3(1) (1969) as a municipal corporation with a population in excess of fifty thousand; a Class II city is defined in W.Va.Code 8-1-3(2) as a municipal corporation with a population in excess of ten thousand but not in excess of fifty thousand; a Class III city is…”
SWN Prod. Co. v. City of Weirton & City of Weirton Bd. of Zoning Appeals, 895 S.E.2d 227 (2023). “2 West Virginia Code § 8-1-3 (1969) classifies cities with a population between 10,000 and 50,000 as Class II.”
W. Va. Code § 8-1-3(2): 1 case
Bd. of Trs. of Firemen's Pension v. City of Fairmont, 599 S.E.2d 789 (W. Va. 2004). “Code § 8 — 1—3(1) (1969) as a municipal corporation with a population in excess of fifty thousand; a Class II city is defined in W.Va.Code 8-1-3(2) as a municipal corporation with a population in excess of ten thousand but not in excess of fifty thousand; a Class III city is…”
W. Va. Code § 8-1-3(4): 1 case
Bd. of Trs. of Firemen's Pension v. City of Fairmont, 599 S.E.2d 789 (W. Va. 2004). “Code § 8 — 1—3(1) (1969) as a municipal corporation with a population in excess of fifty thousand; a Class II city is defined in W.Va.Code 8-1-3(2) as a municipal corporation with a population in excess of ten thousand but not in excess of fifty thousand; a Class III city is…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.