H. B. 2724


(By Delegate Pino)
[Introduced February 24, 1995; referred to the
Committee on Education then the Judiciary.]




A BILL to amend and reenact section seven, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing for the sale of board of education property for nominal consideration without holding an auction provided the use of the property is for the community and is a non-profit use and the board of education's deed of conveyance contains a reversion clause in the event the property is no longer used for a community non-profit purpose.

Be it enacted by the Legislature of West Virginia:
That section seven, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-7. Sale of school property at public auction; rights of grantor of lands in rural communities; oil and gas leases; disposition of proceeds.

If at any time the board shall ascertain that any building or any land no longer shall be needed for school purposes, the board may sell, dismantle, remove or relocate any such buildings and sell the land on which they are located, at public auction, after proper notice, and on such terms as it orders, to the highest responsible bidder. But in rural communities, the grantor of the lands, his heirs or assigns, shall have the right to purchase at the sale, the land, exclusive of the buildings thereon, and the mineral rights, at the same price for which it was originally sold: Provided, That the sale to the board was not a voluntary arms length transaction for valuable consideration approximating the fair market value of the property at the time of such sale to the board: Provided, however, That this section shall not operate to invalidate any provision of the deed to the contrary. The board by the same method prescribed for the sale of school buildings and lands, may also lease for oil or gas or other minerals any lands or school sites owned in fee by it. The proceeds of such sales and rentals shall be placed to the credit of such fund or funds of the district as the board may direct: Provided further, That the provisions of this section concerning sale at public auction shall not apply to boards of education selling or disposing of its property for a public use to the state of West Virginia, or its political subdivisions, including county commissions or divisions thereof, for an adequate consideration without considering alone the present commercial or market value of the property, or for nominal consideration provided the use of the property is for the community and is a non-profit use and the board of education's deed of conveyance contains a reversion clause in the event the property is no longer used for a community non-profit purpose: And provided further, That the board may make any sale of property subject to the provisions that all liability for hazards associated with the premises are to be assumed by the purchaser, and any sale of improved property in which the actual consideration is less than ten thousand dollars or in any sale of unimproved property in which the actual consideration is less than one thousand dollars the board shall make any sale of property subject to the provisions that all liability for hazards associated with the premises are to be assumed by the purchaser. The board shall inform any prospective purchaser of known or suspected hazards associated with the property.




NOTE: The purpose of this bill is to provide for the sale of board of education property for nominal consideration without holding an auction provided the use of the property is for the community and is a non-profit use and the board of education's deed of conveyance contains a reversion clause in the event the property is no longer used for a community non-profit purpose.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.