W. Va. Code » §8-2-3. Hearing on petition; notice; dismissal.
West Virginia Code

W. Va. Code § 8-2-3 (2026)

Hearing on petition; notice; dismissal

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

§8-2-3. Hearing on petition; notice; dismissal.

Upon the filing of such petition, the county court shall set the same for hearing not sooner than ten days and not later than thirty days thereafter, and the petitioners shall cause notice of the filing of said petition and of the date, time and place of hearing thereon to be published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the territory sought to be incorporated.

Upon the date set for hearing, the county court shall hear evidence for and against the proposed incorporation, and if it shall determine that the requirements of sections one and two of this article have not been met, it shall forthwith enter an order dismissing said petition.

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 4× “McGRAW, Justice: Charles Cowan and other freeholders of the Buffalo Creek area in Triadelphia District, Logan County, West Virginia filed on March 5, 1975, a petition with the County Commission [1] of Logan County as the preliminary legal step under W.Va.Code § 8-2-3 [2] to…”
Cowan v. Cnty. Comm'n of Logan Cnty., 240 S.E.2d 675 (W. Va. 1977). · cites it 2× “ied 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…”
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