Senate Bill No. 262
(By Senators Tomblin, Mr. President, Dempsey, Love and Ross)
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[Introduced January 22, 2004; referred to the Committee on
Government Organization.]
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A BILL authorizing the department of administration to sell the
land, together with the improvements thereon, situate at
Crites, on Buffalo Creek, in Triadelphia tax district, Logan
County.
Be it enacted by the Legislature of West Virginia:
SALE OF LAND SITUATE ON BUFFALO CREEK, TRIDELPHIA DISTRICT, LOGAN
COUNTY, WEST VIRGINIA.
§1. Land sale; description.
(a) The secretary of administration is hereby authorized to
solicit interest in, enter into a contract for sale by auction, and
to sell and convey, for good and valuable consideration as
negotiated by the secretary of administration, all of those certain
lots or parcels of land, together with the improvements thereon,
the privileges thereof, and the appurtenances thereunto belonging, including the right of access, ingress, and egress, to and from
Logan County Route 16, containing 2.25 acres, more or less, situate
at Crites, on Buffalo Creek, in Triadelphia tax district, Logan
County, West Virginia, which property is more accurately bounded
and described in a deed dated June 10, 1976, from the West Virginia
department of highways, to the state of West Virginia, for the use
and benefit of the department of Finance and Administration of the
State, and recorded in the office of the clerk of the county
commission of Logan County, West Virginia, in Deed Book 384, at
page 84. Any sale and conveyance of this property is subject to
all restrictions, reservations, rights-of-way, easements,
utilities, covenants, restrictions, leases, exclusions and other
matters duly of record affecting the subject property. The money
from the sale of the property shall be deposited in a special fund
of the department of administration to be used for state capitol
complex improvements and renovations.
(b) The secretary of administration may engage the services of
an auction service to sell the property by oral, silent or internet
auction, with the usual and customary cost of the auction, as
defined by the conventions of the auction service, to be paid from
the proceeds of sale or by the buyer, depending on the conventions
of the auction service, at the time of the closing sale.
(c) The property shall have a total reserve price, or minimum
bid, set by the secretary of administration, for sale and conveyance of the property, regardless of the appraised value.
(d) The sale by auction shall take place no less than once a
year until the time as the property is successfully sold.
(e) In the event of sale by auction, no commissions will be
paid to a real estate broker who was engaged by the secretary of
administration to sell the property.
Notwithstanding anything in the code of West Virginia, one
thousand nine hundred thirty-one, as amended, to the contrary, the
provisions of this section prevail.
NOTE: The purpose of this bill is to authorize the sale of
real estate in Crites, on Buffalo Creek, in Triadelphia District,
Logan County, West Virginia, by the Department of Administration.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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