HB2654 H Political Subdivision AM #1

Webb 3238


The Committee on Political Subdivisions moved to amend the bill on page 1, after the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:


§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 sale shall be conducted by the president of the county commission, but before making any such 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 article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county: Provided, That this section shall not apply to the sale of any one item of property of less value than $1,000. Provided, however, That

(b) The provisions of subsection (a) of this section concerning sale at public auction shall 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; or to

(2) The State of West Virginia, or its political subdivisions, including county boards of education, volunteer fire departments, and volunteer ambulance services; or

(3) Organizations operated exclusively for charitable, educational or scientific purposes as shall at such time qualify as an exempt organization under section 501(c)(3) of the Internal Revenue Code. for an adequate consideration without considering alone the present commercial or market value of the property: Provided further,That

(4) For sales made pursuant to this subsection, county commissions are not required to exclusively consider the present commercial or market value of the property: Provided, That sales under this subsection shall not be for less than $1.

For all real property conveyed or sold by a county commission to a volunteer fire department or volunteer ambulance service under this provision, such property shall revert back to the county commission if the volunteer fire department or volunteer ambulance service ceases to use it for the purpose for which the real property was conveyed or sold proposes to sell or otherwise alienate the same unless the county commission explicitly disclaims the same.”