WEST virginia legislature
2020 regular session
Committee Substitute
for
House Bill 4633
By Delegates Storch, Anderson, Nelson, Kessinger, Waxman, Summers, Criss, Sypolt, Hill, Espinosa and Capito
[Originating in the Committee on Political Subdivisions]
A BILL to amend and reenact §7-3-3 of the Code of West Virginia, 1931, as amended, relating to expanding county commissions’ ability to dispose of county or district property; and adding the ability of county commissions to dispose of the property to a nonprofit community center organization or nonprofit senior center organization without conducting a public sale.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3. COUNTY PROPERTY.
§7-3-3. Sale of county or district property.
(a)
Except as may be prohibited by law or otherwise, the county commission of a
county is authorized by law to sell or dispose of any property, either real or
personal, belonging to the county or held by it for the use of any district
thereof. The property shall be sold either at an on-site public auction or by
utilizing an Internet-based public auction service, and such the
sale shall be conducted by the president of the county commission, but before
making any such the sale, notice of the time, terms, manner and
either the location of the sale or the Internet-based public auction service to
be utilized, together with a brief description of the property to be sold,
shall be published as a Class II legal advertisement in compliance with the
provisions of §59-3-1 et seq. of this code, and the publication area for
such the publication shall be is the county: Provided,
That this section shall does not apply to the sale of any one
item of property of less value than $1,000.
(b)
The provisions of subsection (a) of this section concerning sale at public
auction shall do not apply to a county commission selling or
disposing of its property for a public use to:
(1) The United States of America, its instrumentalities, agencies or political subdivisions;
(2) The State of West Virginia, or its political subdivisions, including county boards of education, volunteer fire departments, and volunteer ambulance services; or
(3) Any nonprofit community center organization or nonprofit senior center organization, or any authority, commission, instrumentality, or agency established by act of the State of West Virginia or any of its political subdivisions.
(4) For all sales made pursuant to this subsection, county commissions are not required to exclusively consider the present commercial or market value of the property; and
(5) A sale under the
provisions of this subsection shall may not be for less than $1.
(c) For all real property
conveyed or sold by a county commission to a volunteer fire department,
volunteer ambulance service, or any nonprofit community center organization or
nonprofit senior center organization or any other authority, commission,
instrumentality or agency, under the provisions of subsection (b) of this
section, such the real property shall revert back to the county
commission if the volunteer fire department, volunteer ambulance service, nonprofit
community center organization or nonprofit senior center organization,
authority, commission, instrumentality or agency proposes to dispose of the
property, unless the county commission explicitly disclaims this reversionary
right in writing in the deed of conveyance.