H. B. 2414
(By Delegates Morgan, Williams, Stephens,
D. Poling and Moye)
(Originating in the Committee on the Judiciary)
[February 8, 2013]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-18a, relating to the lease or conveyance of municipal property; allowing for the lease or conveyance of municipal property for less than fair market value without auction to a nonprofit corporation for the provision of specific services to the public; prerequisite conditions and findings by municipality; and required reverter of the property to the municipality if the nonprofit corporation ceases to provide the services.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §8-12-18a, to read as follows:
ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.
§8-12-18a. Conveyance of property to a nonprofit corporation.
(a) Notwithstanding the provisions of section eighteen of this article, a municipality may lease or convey municipal property without public auction and for less than fair market value to a nonprofit corporation providing charitable or patriotic services, for the purpose of rendering services which benefit the public and which the municipality could lawfully provide, if the municipality’s governing body makes factual determinations that:
(1) There is a lack of need for the property by the municipality in comparison to the benefit to the municipality and/or the public if the property is leased or conveyed as provided in this section; and
(2) The nonprofit corporation demonstrates its need for the property in order to provide the services which benefit the public.
(b) If the nonprofit corporation should cease to provide those services which benefit the public, the property shall, by operation of law, revert to and vest in the municipality, after which the nonprofit corporation shall have no right, title or interest in or to the property.
(c) Any lease, deed or other instrument conveying the municipal property, executed pursuant to this section, shall contain the reverter wording contained in subsection (b) of this section.