COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 522
(By Senators Oliverio, Prezioso, Plymale, Edgell, Hunter, Guills,
Bowman, Rowe and Love)
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[Originating in the Committee on Education;
reported February 28, 2003.]
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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 authorizing a
county board of education to lease school property that is no
longer needed.
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; lease of school property.
(a) If
the a county board shall ascertain determines that
any building or any land is no longer shall be needed for school
purposes, the county board may sell, dismantle, remove or relocate
any such buildings the building and sell the land on which they are
it is located, at public auction, after proper notice and on such
terms as it orders, to the highest responsible bidder.
(b) But
shall have has the right to purchase at the
sale, the land, exclusive of the buildings thereon on the land 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 the sale
to the board: Provided, however, That the provisions of this
section shall may not operate to invalidate any provision of the
deed to the contrary.
(c) The county board, by the same method prescribed set forth
in subsection (a) of this section for the sale of school buildings
and lands, may, also in lieu of offering the property for sale,
enter into a lease for oil or gas or other minerals any lands or
school sites owned in fee by it. The proceeds of such the sales
and rentals shall be placed to the credit of such the fund or funds
of the district as the county board may direct.
(d) And provided further, That The county board may make any
sale of property subject to the provisions provision that all
liability for hazards associated with the premises are to be
assumed by the purchaser. and In any sale by the county board 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
county board shall make any sale of property subject to the
provisions provision that all liability for hazards associated with
the premises are to be assumed by the purchaser. The county board
shall inform any prospective purchaser of known or suspected
hazards associated with the property.
(e) Except as provided by the provisions of subsection (b) of
this section, where a county board determines that any school
property is no longer needed for school purposes, the county board
may, upon determining that it will serve the best interests of the
school system and the community, offer the property for lease. The
procedure set forth in subsection (a) of this section relating to
sale of school buildings and lands shall apply to leasing the
school property. Any lease authorized by the provisions of this
subsection shall be in writing. The writing shall include a
recitation of all known or reasonably suspected hazards associated
with the property, an assumption by the lessee of all liability
related to all hazards, whether disclosed or not, and provisions
wherein the lessee assumes all liability for any actions arising
from the property during the term of the lease.
(f) Provided further, That Notwithstanding any provision of
this section to the contrary, the provisions of this section
concerning sale or lease at public auction shall may not apply to
a county board boards of education selling, leasing or otherwise
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.
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