H. B. 2613
(By Delegates Burk, Beane, Anderson, Border and Brum)
[Introduced March 17, 1993; referred to the
Committee on Political Subdivisions.]
A BILL to amend and reenact section three, article three, chapter
seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing
county commissions to sell or dispose of property belonging
to the county.
Be it enacted by the Legislature of West Virginia:
That section three, article three, chapter seven of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 3. COUNTY PROPERTY.
§7-3-3. Sale of county or district property.
In all instances where 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, the same shall be sold at public auction, at the front
door of the courthouse of the county, and such sale shall be
conducted by the president of the county commission, but beforemaking any such sale, notice of the time, terms and place of
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
shall be the county:
Provided,
That this section shall not apply
to the sale of any one item of property of less value than one
thousand dollars:
Provided, however,
That the provisions of this
section concerning sale at public auction shall not apply to a
county commission selling or disposing of its property for a
public use to the United States of America, its
instrumentalities, agencies or political subdivisions or to 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
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 authorize county
commissions to sell or dispose of property belonging to the
county except where specifically prohibited.