H. B. 2353
(By Delegates Laird and Pino)
[Introduced January 22, 1999; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact section nineteen, article two-a,
chapter seventeen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to providing
that the commissioner of the division of highways may
dispose of certain right-of-way properties by offering those
properties to local economic development entities, the West
Virginia development office, or the business and industrial
development corporation before disposing of the properties
by public auction.
Be it enacted by the Legislature of West Virginia:
That section nineteen, article two-a, chapter seventeen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.
§17-2A-19. Sale, exchange, or lease of real property.
The division of highways, subject to the conditions herein,
may sell, exchange, or lease real property, or any interest or
right therein, held by the division of highways.
When the real property, or any interest or right therein, is
being held for future road purposes, it may be leased. When the
real property, or any part thereof, or any interest or right
therein, is deemed by the commissioner not necessary, or
desirable for present or presently foreseeable future highways
purposes, it may be exchanged for other real property, or any
interest or right therein, deemed by the commissioner to be
necessary or desirable for present or presently foreseeable
future highways purposes, or it may be sold. In addition the
division may exchange real property, or any part thereof, or any
interest or right therein, even though it may be necessary or
desirable for present or presently foreseeable future highways
purposes, if the exchange is made for other real property, or any
interest or right therein, in close proximity thereto which the
commissioner deems of equal or superior useful value for present
or presently foreseeable future highways purposes. In making
exchanges the division may make allowances for differences in the
value of the properties being exchanged and may move or pay the
cost of moving buildings, structures, or appurtenances in
connection with the exchange.
Every such sale of real property, or any interest or right therein or structure thereon, shall be at public auction in the
county in which the real property, or the greater part thereof in
value, is located, and the division shall advertise, by
publication or otherwise, the time, place, and terms of the sale
at least twenty days prior thereto. The property shall be sold
in the manner which will bring the highest and best price
therefor. The division may reject any or all bids received at
the sale. The commissioner shall keep a record, open to public
inspection, indicating the manner in which such real property, or
any interest or right therein or structure thereon, was publicly
advertised for sale, the highest bid received therefor and from
whom, the person to whom sold, and payment received therefor.
The record shall be kept for a period of five years and may
thereafter be destroyed.
The commissioner may transfer, sell, or otherwise dispose of
any right-of-way properties or any interest or right therein,
owned by or to be acquired by the division of highways which the
commissioner in his or her sole discretion shall determine are
not necessary or desirable for present or presently foreseeable
future highways highway purposes by first offering the same, in
descending order, to (1) a local economic development entity in
reasonable proximity to the property, (2) the West Virginia
development office, (3) the business and industrial development
corporation, or (4) the principal abutting landowners, without following the procedure for public auction hereinbefore set forth
in this section.
The commissioner shall adopt and promulgate rules in
accordance with the provisions of article three, chapter
twenty-nine-a of this code governing and controlling the making
of any leases or sales pursuant to the provisions of this
section, which rules may provide for the giving of preferential
treatment in making leases to the persons from whom the
properties or rights or interests therein were acquired, or their
heirs or assigns and shall also provide for granting a right of
first refusal to a local economic development entity, the West
Virginia development office, the business and industrial
development corporation, or abutting landowners at fair market
value in the sale of any real estate or any interest or right
therein owned by the division of highways.
Notwithstanding any other provision of this section to the
contrary, with respect to real property acquired subsequent to
the year one thousand nine hundred seventy-three for highways
purposes through voluntary real estate acquisition or exercise of
the right of eminent domain, which real estate the commissioner
has determined should be sold as not necessary for highways
purposes, the commissioner shall give preferential treatment to
an abutting landowner, after first offering the property to a
local economic development entity, the West Virginia development office, or the business and industrial development corporation,
if it appears that:
(1) A principal abutting landowner is an individual from
whom the real estate was acquired or his or her surviving spouse
or descendant. In order to qualify for preferential treatment,
the surviving spouse or descendant need not be a beneficiary of
the individual. The terms used in this subdivision are as
defined in section one, article one, chapter forty-two of this
code; and
(2) The primary use of the abutting property has not
substantially changed since the time of the acquisition.
When the foregoing conditions are met, the commissioner
shall offer the property for sale to the principal abutting
landowner at a cost equal to the amount paid by the division of
highways in acquiring the real estate: Provided, That if
improvements on the property have been removed since the time of
the acquisition, the cost shall be reduced by an amount
attributable to the value of the improvements removed: Provided,
however, That the cost may be adjusted to reflect interest at a
rate equal to the increase in the consumer price index for all
urban consumers as reported by the United States department of
labor since the time of disbursement of the funds.
The commissioner may insert in any deed or conveyance,
whether it involves an exchange, lease, or sale, the conditions as are in the public interest and have been approved in advance
by the governor.
All moneys received from the exchange, sale, or lease of
real property, or any right or interest therein, shall be paid
into the state treasury and credited to the state road fund.
Notwithstanding the provisions of this section, property
shall not be transferred, sold or otherwise disposed of unless
the commissioner finds that the right-of-way or other property
has no significant value to the state as a hiking trail and does
not serve as a link between two or more state owned properties,
except that any such property that lies within six hundred feet
of any dwelling house may be transferred, sold or otherwise
disposed of without such a finding pursuant to the provisions of
this section.
NOTE: The purpose of this bill is provide that the
Commissioner of the Division of Highways may dispose of certain
right-of-way properties by offering those properties to local
development entities, the West Virginia Development Office, or
the Business and Industrial Development Corporation before
disposing of the property by public auction.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.