WEST virginia Legislature
2016 regular session
Introduced
Senate Bill 306
By Senator Blair
[Introduced January
15, 2016;
Referred to the Committee on Government Organization.]
A BILL to amend and reenact §7-3-3 of the Code of West Virginia, 1931, as amended, relating to sale of county or district property; permitting property be sold at an on-site public auction or by utilizing an Internet-based service; and requiring notice of sale include notice of the time, terms, manner and place of sale or the Internet-based service to be utilized.
Be it enacted by the Legislature of West Virginia:
That §7-3-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. COUNTY PROPERTY.
'7-3-3. Sale of county or district property.
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 at an on-site public auction or by utilizing an Internet-based
service, at the front door of the courthouse of the county, 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 place
either the location of the sale or the Internet-based 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 the provisions 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 the United
States of America, its instrumentalities, agencies or political subdivisions or
to the State of West Virginia, or its political subdivisions, including county
boards of education, volunteer fire departments and volunteer ambulance
services, for an adequate consideration without considering alone the present
commercial or market value of the property: Provided further, That all
real property conveyed or sold by a county commission to a volunteer fire
department or volunteer ambulance service under this provision 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.
NOTE: The purpose of this bill is to permit the sale of county or district property at an on-site auction or by utilizing an Internet-based service.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.