Engrossed Version
Senate Bill 166 History
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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.