H. B. 2257
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced January 15, 1999; referred to the
Committee on Roads and Transportation.]
A BILL to amend and reenact section nineteen, article two-a,
chapter seventeen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the sale,
exchange or lease of property by the division of highways;
and clarifying that only property that was acquired for use,
or used, as a highway is required to be offered to abutting
landowners prior to sale.
Be it enacted by the Legislature of West Virginia:
That section nineteen, article two-a, chapter seventeen
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.
§17-2A-19. Sale, exchange, or lease of real property.
(a) The division of highways, subject to the
conditions
herein provisions of this section, may sell, exchange or lease
real property, or any interest or right
therein in the property,
held by the division of highways. When the real property, or any
interest or right
therein in the property, is being held for
future road purposes, it may be leased.
(b) This subsection applies to property held by the
division, including a right-of-way, that was not acquired for
use, or used, as a highway. When the real property, or any part
thereof of the property, or any interest or right
therein in the
property, is
deemed considered by the commissioner not necessary,
or desirable for present or presently foreseeable future
division
of highways purposes, it may be exchanged for other real
property, or any interest or right
therein deemed in the
property, considered by the commissioner to be necessary or
desirable for present or presently foreseeable future
division of
highways purposes, or it may be sold. In addition the division
may exchange real property, or any part
thereof of the property,
or any interest or right
therein in the property, even though it
may be necessary or desirable for present or presently
foreseeable future
division of highways purposes, if the exchange
is made for other real property, or any interest or right
therein
in the property, in close proximity
thereto to the property which
the commissioner
deems considers of equal or superior useful value for present or presently foreseeable future
division of
highways purposes. In making exchanges the division may make
allowances for differences in the value of the properties being
exchanged and may move or pay the cost of moving buildings,
structures or appurtenances in connection with the exchange.
Every
such sale of real property, or any interest or right
therein in the property or structure
thereon on the property,
shall be at public auction in the county in which the real
property, or the greater part
thereof in value of the property,
is located, and the division shall advertise, by publication or
otherwise, the time, place, and terms of the sale at least twenty
days prior
thereto to the sale. The property shall be sold in
the manner which will bring the highest and best price.
therefor
The division may reject any or all bids received at the sale.
The commissioner shall keep a record, open to public inspection,
indicating the manner in which
such the real property, or any
interest or right
therein in the property or structure
thereon on
the property, was publicly advertised for sale, the highest bid
received
therefor and from whom, the person to whom sold, and
payment received.
therefor The record shall be kept for a
period of five years and may
thereafter be destroyed
after five
years.
(c)(1) This subsection applies to property held by the
division, including a right-of-way, that was acquired for use, or used, as a highway. The commissioner may transfer, sell or
otherwise dispose of any right-of-way properties or any interest
or right
therein in the property, owned by or to be acquired by
the division of highways which the commissioner in his or her
sole discretion
shall determine determines are not necessary or
desirable for present or presently foreseeable future
highways
purposes highway purpose by first offering the
same property to
the principal abutting landowners without following the procedure
for public auction
hereinbefore set forth in provided in
subsection (b) of this section.
(2) The commissioner shall
adopt and promulgate propose
rules
for legislative approval in accordance with the provisions
of article three, chapter twenty-nine-a of this code governing
and controlling the making of any leases or sales pursuant to the
provisions of this
section, which subsection. The rules may
provide for the giving of preferential treatment in making leases
to the persons from whom the properties or rights or interests
therein in the property were acquired, or their heirs or assigns
and shall also provide for granting a right of first refusal to
abutting landowners at fair market value in the sale of any real
estate or any interest or right
therein in the property, owned by
the division of highways.
Notwithstanding any other provision of this section to the
contrary, with
(3)(A) With respect to real property acquired subsequent to
the year one thousand nine hundred seventy-three for
highways
purposes use as a highway through voluntary real estate
acquisition or exercise of the right of eminent domain, which
real estate the commissioner has determined should be sold as not
necessary for highways purposes, the commissioner shall give
preferential treatment to an abutting landowner if it appears
that:
(1) (i) A principal abutting landowner is an individual from
whom the real estate was acquired or his or her surviving spouse
or descendant. In order to qualify for preferential treatment,
the surviving spouse or descendant need not be a beneficiary of
the individual. The terms used in this subdivision are as
defined in section one, article one, chapter forty-two of this
code; and
(2) (ii) The primary use of the abutting property has not
substantially changed since the time of the acquisition.
(B) When the
foregoing conditions provisions of paragraph
(A) of this subdivision are met, the commissioner shall offer the
property for sale to the principal abutting landowner at a cost
equal to the amount paid by the division of highways in acquiring
the real estate.
Provided, That If improvements on the property
have been removed since the time of the acquisition, the cost shall be reduced by an amount attributable to the value of the
improvements removed.
Provided, however, That The cost may be
adjusted to reflect interest at a rate equal to the increase in
the consumer price index for all urban consumers as reported by
the United States department of labor since the time of
disbursement of the funds.
(d) The commissioner may insert in any deed or conveyance,
whether it involves an exchange, lease or sale, the conditions as
are in the public interest and have been approved in advance by
the governor.
(e) All moneys received from the exchange, sale, or lease of
real property, or any right or interest
therein in the property,
shall be paid into the state treasury and credited to the state
road fund.
(f) Notwithstanding the provisions of this section, property
shall may not be transferred, sold or otherwise disposed of
unless the commissioner finds that the right-of-way or other
property has no significant value to the state as a hiking trail
and does not serve as a link between two or more state owned
properties.
except that any such This subsection does not apply
to property that lies within six hundred feet of any dwelling
house.
may be transferred, sold or otherwise disposed of without
such a finding pursuant to the provisions of this section
NOTE: The purpose of this bill is to clarify that only
property that was acquired by the state for use as a highway must
be offered to abutting landowners prior to sale by the Division
of Highways.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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