Introduced Version
Senate Bill 522 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 522
(By Senators Oliverio, Prezioso, Plymale, Edgell, Hunter, Guills,
Bowman, Rowe and Love)
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[Introduced February 13, 2003; referred to the Committee on
Education.]
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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 at any time the a board shall ascertain determines that
any building or any land is no longer shall be needed for school
purposes, the 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, except as
set forth in subsection (b) of this section.
(b) But In rural communities, the grantor of the lands, his or
her heirs or assigns, 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 this section shall may not
operate to invalidate any provision of the deed to the contrary.
(c) The board by the same method prescribed for the sale of
school buildings and lands, also may also 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 board may
direct.
(d) Provided further, That The provisions of this section concerning sale at public auction shall may not apply to a county
board boards of education selling or disposing of its property for
a public use to the state of West Virginia, or its political
subdivisions, including county commissions or divisions thereof of
county commissions, for an adequate consideration without
considering alone the present commercial or market value of the
property.
(e) And provided further, That The 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 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 board shall inform any
prospective purchaser of known or suspected hazards associated with
the property.
(f) Additionally, if a county board determines that any school
property is no longer needed for school purposes, the county board,
by the same method prescribed for the sale of school buildings and
lands,
may lease the property upon terms agreed to by the school
board and the lessee.
The board shall also make any lease of property subject to the provision that all liability for hazards
associated with the premises are to be assumed by the lessee. The
board shall inform any prospective lessee of known or suspected
hazards associated with the property.
NOTE:
The purpose of this bill is to authorize a county board
of education to lease school property that is no longer needed.
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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