West Virginia Code 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:
Terms Used In West Virginia Code 8-1-3
- 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 of this article (except in those instances where the context in which used clearly indicates that a particular class of city is intended), heretofore or hereafter incorporated as a municipal corporation under the laws of this state, however created and whether operating under: (i) A special legislative charter. See West Virginia Code 8-1-2
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Town or village: is a term of art and shall, notwithstanding the provisions of §. See West Virginia Code 8-1-2
(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.