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Introduced Version House Bill 4633 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2020 regular session

Introduced

House Bill 4633

By Delegates Storch, Anderson, Nelson, Kessinger, Waxman, Summers, Criss, Sypolt, Hill, Espinosa and Capito

[Introduced January 31, 2020; Referred to the Committee on Political Subdivisions then Government Organization]

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 or 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 or 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 or 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 or 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.

 

NOTE: The purpose of this bill is to expand county commissions’ ability to dispose of county or district property to a nonprofit community or senior center organization without conducting a public sale.

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

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