W. Va. Code » §8-2-2. Petition; survey and map.
West Virginia Code

W. Va. Code § 8-2-2 (2026)

Petition; survey and map

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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ARTICLE 2. CREATION OF MUNICIPALITIES.

§8-2-2. Petition; survey and map.

A proceeding to incorporate any such city, town or village shall be initiated upon petition addressed to and filed with the county court of the county in which the territory is located, or if in more than one county in which the major portion of the territory is located, indicating whether the territory sought to be incorporated will be upon incorporation, depending upon population, a Class I, Class II or Class III city or a Class IV town or village. Such petition shall be signed by at least thirty percent of the freeholders of the territory to be incorporated.

Such petition shall be verified by at least one of the petitioners and shall be accompanied by a map made by a professional engineer registered under the laws of this state, which map shall be based upon an actual and accurate survey of the territory to be incorporated showing the courses, distances and the area of the territory to be incorporated.

Such map shall be verified and shall be left at the residence or place of business within the territory to be incorporated of some individual residing or some person doing business therein, and shall be subject to examination at all reasonable hours by every person interested in such application for a period of at least ten days prior to the hearing on such petition as provided for in section three of this article.

Notes of Decisions
Cited in 2 cases, 1977–1977 · leading case: Cowan v. Cnty. Com'n of Logan Cty., 240 S.E.2d 675 (W. Va. 1977).
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Cowan v. Cnty. Com'n of Logan Cty., 240 S.E.2d 675 (W. Va. 1977). · cites it 13× “Code § 8-2-1 is filed with the county commission under W.Va.Code § 8-2-2 the petition is then set for hearing and a determination by the commission as to whether the requirements of §§ 1 and 2 have been met.”
Cowan v. Cnty. Comm'n of Logan Cnty., 240 S.E.2d 675 (W. Va. 1977). · cites it 5× “To say that a few signers were not freeholders is not the same as saying that the remaining valid signatures fail to comprise 30 percent of the freeholders required under W. Va. Code § 8-2-2 . In summary, the record discloses that the testimony of Attorney Eiland and of the…”
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