Senate Bill No. 352
(By Senators Stollings and Snyder)
[Introduced January 31, 2011; referred to the Committee on Government Organization; and then to the Committee on Finance.]
A BILL to amend and reenact §7-3-3 of the Code of West Virginia, 1931, as amended, relating to the sale of property owned by the county commission; and authorizing a sale for adequate consideration under specific circumstances.
Be it enacted by the Legislature of West Virginia:
That §7-3-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. COUNTY PROPERTY.
§7-3-3. Sale of county or district property.
(a) Except as may be prohibited by law or otherwise, the county commission of a county is authorized by law to sell or dispose of any property, either real or personal, belonging to the county or held by it for the use of any district thereof, by the following:
(1) The property shall be sold at public auction, unless the county commission finds a specific public interest as set out in subdivision two of this subsection; or
(2) The property may be sold by a direct arms length transaction for adequate consideration based on the fair market value of the property if the county commission finds, by adopted written resolution that specifically states, that:
(A) The objectives for the property would not be met if the property was sold at public auction;
(B) The interests of the public would be better served by the direct sale; and
(C) The direct sale would not be a detriment to the county.
(b) If the property is sold by public auction, then the sale shall be:
(1) At the front door of the courthouse of the county; and such sale shall be
(2) Conducted by the president of the county commission or a designee.
(c) but before making any such Prior to the sale by public auction, the county commission shall publish as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, a notice of the time, date, terms and place of the sale, together with a brief description of the property to be sold. shall be published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and The publication area for such publication the notice shall be the county. Provided, That this section shall
(d) The requirement for a county commission to hold a public auction does not apply to:
(1) The sale of any one item of property of less value than $1,000; Provided, however, That the provisions of this section concerning sale at public auction shall not apply to or
(2) A county commission selling or disposing of its property for a public use to:
(A) The United States of America, its instrumentalities, agencies or political subdivisions; or to
(B) The State of West Virginia, or its political subdivisions, including county boards of education, volunteer fire departments and volunteer ambulance services, for an adequate consideration without considering alone the present commercial or market value of the property: Provided further, That all real property conveyed or sold by a county commission to a volunteer fire department or volunteer ambulance service under this provision subdivision shall revert back to the county commission if the volunteer fire department or volunteer ambulance service ceases to use it for the purpose for which the real property was conveyed or sold.
NOTE: The purpose of this bill is to deal the sale of property owned by the county commission; and authorizes a sale for adequate consideration under specific circumstances.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.