H. B. 4463
(By Delegates Morgan, Williams, Stephens,
D. Poling and Moye)
[Introduced February 8, 2012; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-18a, relating to a municipality conveying property to a nonprofit.
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.
(a) Notwithstanding the provisions of section eighteen of this article, a municipality may lease or convey city property to nonprofit organizations for less than fair market value, and without public auction if the city council has made a factual determination that:
(1) There is a lack of need for the property by the city in comparison to the benefit to the city if property is leased or conveyed; and
(2) There is a demonstrable need for the property by the nonprofit organization to be able to perform the services it provides in benefitting the public.
(b) If the nonprofit organization should cease to provide those services to the public, the property shall by operation of law, revert to and vest in the city, and after that the nonprofit organization has no right, title or interest in or to the property.
(c) Any lease, deed or other instrument of transferring the property executed pursuant to this section shall contain the reversion wording contained in subsection (b) of this section.
NOTE: The purpose of this bill is to permit a municipality to convey property to a nonprofit for a specific public interest that benefits the municipality.
This section is new; therefore, it has been completely underscored.