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Engrossed Version Senate Bill 166 History

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sb166 eng
ENGROSSED

Senate Bill No. 166

(By Senator Tomblin, Mr. President)

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[Introduced February 14, 2005; referred to the Committee

on Finance.]

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A BILL authorizing the Department of Administration to sell 2.25 acres of 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 2.25 ACRES OF LAND SITUATE ON BUFFALO CREEK, TRIADELPHIA DISTRICT, LOGAN COUNTY, WEST VIRGINIA.

§1. Land sale; description.
(a) The Secretary of Administration may solicit interest in, enter into a contract for sale by auction and sell and convey, for good and valuable consideration as negotiated by the Secretary of Administration, all of that certain tract or parcel of land, together with the improvements thereon 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. The property is more accurately bounded and described in a deed dated the tenth day of June, one thousand nine hundred seventy-six, from the West Virginia Division of Highways to the State of West Virginia for the use and benefit of the Department of Finance and Administration of said 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, exceptions, rights-of-way, easements, utilities, covenants, leases, exclusions and other matters duly of record affecting the subject property.
(b) 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.
(c) The Secretary of Administration may use 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 the sale or by the buyer depending on the conventions of the auction service at the time of the closing sale.
(d) 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.
(e) The sale by auction shall take place at least once a year until the property is successfully sold.
(f) 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.
(g) Notwithstanding anything in the Code of West Virginia, 1931, as amended, to the contrary, the provisions of this section prevail.

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