COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 522

(By Senators Oliverio, Prezioso, Plymale, Edgell, Hunter, Guills, Bowman, Rowe and Love)

____________

[Originating in the Committee on Education;

reported February 28, 2003.]

____________




A BILL to amend and reenact section seven, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing a county board of education to lease school property that is no longer needed.

Be it enacted by the Legislature of West Virginia:
That section seven, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-7. Sale of school property at public auction; rights of grantor of lands in rural communities; oil and gas leases; disposition of proceeds; lease of school property.

(a) If Except as set forth in subsection (b) of this section, if at any time the a county board shall ascertain determines that any building or any land is no longer shall be needed for school purposes, the county board may sell, dismantle, remove or relocate any such buildings the building and sell the land on which they are it is located, at public auction, after proper notice and on such terms as it orders, to the highest responsible bidder.
(b) But Notwithstanding the provisions of subsection (a) of this section, in rural communities, the grantor of the lands or his or her heirs or assigns shall have has the right to purchase at the sale, the land, exclusive of the buildings thereon on the land and the mineral rights, at the same price for which it was originally sold: Provided, That the sale to the board was not a voluntary arms length transaction for valuable consideration approximating the fair market value of the property at the time of such the sale to the board: Provided, however, That the provisions of this section shall may not operate to invalidate any provision of the deed to the contrary.
(c) The county board, by the same method prescribed set forth in subsection (a) of this section for the sale of school buildings and lands, may, also in lieu of offering the property for sale, enter into a lease for oil or gas or other minerals any lands or school sites owned in fee by it. The proceeds of such the sales and rentals shall be placed to the credit of such the fund or funds of the district as the county board may direct.
(d) And provided further, That The county board may make any sale of property subject to the provisions provision that all liability for hazards associated with the premises are to be assumed by the purchaser. and In any sale by the county board of improved property in which the actual consideration is less than ten thousand dollars or in any sale of unimproved property in which the actual consideration is less than one thousand dollars, the county board shall make any sale of property subject to the provisions provision that all liability for hazards associated with the premises are to be assumed by the purchaser. The county board shall inform any prospective purchaser of known or suspected hazards associated with the property.
(e) Except as provided by the provisions of subsection (b) of this section, where a county board determines that any school property is no longer needed for school purposes, the county board may, upon determining that it will serve the best interests of the school system and the community, offer the property for lease. The procedure set forth in subsection (a) of this section relating to sale of school buildings and lands shall apply to leasing the school property. Any lease authorized by the provisions of this subsection shall be in writing. The writing shall include a recitation of all known or reasonably suspected hazards associated with the property, an assumption by the lessee of all liability related to all hazards, whether disclosed or not, and provisions wherein the lessee assumes all liability for any actions arising from the property during the term of the lease.
(f) Provided further, That Notwithstanding any provision of this section to the contrary, the provisions of this section concerning sale or lease at public auction shall may not apply to a county board boards of education selling, leasing or otherwise disposing of its property for a public use to the state of West Virginia, or its political subdivisions, including county commissions, or divisions thereof for an adequate consideration without considering alone the present commercial or market value of the property.