Senate Bill No. 166
(By Senator Tomblin, Mr. President)
[Introduced February 14, 2005; referred to the Committee
A BILL authorizing the Department of Administration to sell 2.25
acres of land, together with the improvements thereon, situate
at Crites, on Buffalo Creek, in Triadelphia tax district,
Be it enacted by the Legislature of West Virginia:
SALE OF 2.25 ACRES OF LAND SITUATE ON BUFFALO CREEK, TRIADELPHIA
DISTRICT, LOGAN COUNTY, WEST VIRGINIA.
§1. Land sale; description.
(a) The Secretary of Administration is hereby authorized to
solicit interest in, enter into a contract for sale by auction and
to sell and convey, for good and valuable consideration as
negotiated by the Secretary of Administration, all of that certain
tract or parcel of land, together with the improvements thereon and
the appurtenances thereunto belonging, including the right of
access, ingress and egress, to and from Logan County Route 16, containing 2.25 acres, more or less, situate at Crites, on Buffalo
Creek, in Triadelphia tax district, Logan County, West Virginia.
The property is more accurately bounded and described in a deed
dated the tenth day of June, one thousand nine hundred seventy-six,
from the West Virginia Division of Highways to the State of West
Virginia for the use and benefit of the Department of Finance and
Administration of said state and recorded in the office of the
clerk of the county commission of Logan County, West Virginia, in
deed book 384, at page 84. Any sale and conveyance of this
property is subject to all restrictions, reservations, exceptions,
rights-of-way, easements, utilities, covenants, leases, exclusions
and other matters duly of record affecting the subject property.
(b) The money from the sale of the property shall be deposited
in a special fund of the Department of Administration to be used
for State Capitol Complex improvements and renovations.
(c) The Secretary of Administration may use an auction service
to sell the property by oral, silent or internet auction, with the
usual and customary cost of the auction, as defined by the
conventions of the auction service, to be paid from the proceeds of
the sale or by the buyer depending on the conventions of the
auction service at the time of the closing sale.
(d) The property shall have a total reserve price or minimum
bid, set by the Secretary of Administration, for sale and
conveyance of the property, regardless of the appraised value.
(e) The sale by auction shall take place at least once a year
until the property is successfully sold.
(f) In the event of sale by auction, no commissions will be
paid to a real estate broker who was engaged by the Secretary of
Administration to sell the property.
(g) Notwithstanding anything in the Code of West Virginia,
1931, as amended, to the contrary, the provisions of this section
The purpose of this bill is to authorize the sale of
real estate in Crites, on Buffalo Creek, in Triadelphia District,
Logan County, West Virginia, by the Department of Administration.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
FINANCE COMMITTEE AMENDMENTS
On page one, section one, line eighteen, by striking out the
words "is hereby authorized to" and inserting in lieu thereof the
On page one, section one, line twenty, by striking out the