Senate Bill No. 667

(By Senators Hunter, Dempsey, Harrison, McKenzie,

Foster and Deem)

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[Introduced February 20, 2006; referred to the Committee

on Government Organization; and then to the Committee on the Judiciary.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §54-1-13, relating to providing a procedure for selling property that was acquired for public use, by eminent domain or otherwise, when the use is abandoned; giving the original owner of the property, or the owner's successor in interest, the right to purchase the property; and providing that an interest, other than a fee simple interest, reverts to the original owner or the original owner's successor in interest.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §54-1-13, to read as follows:
ARTICLE 1. RIGHT OF EMINENT DOMAIN.
§54-1-13. Sale of property acquired for public use when use abandoned; procedure; rights of original owner.

(a) Notwithstanding any other provision of this code or the common law, and except as provided in subsections (c) and (d) of this section, whenever a person who has acquired a real property interest for a public use, whether by right of eminent domain or otherwise, abandons the public use and places the property interest for sale, the seller may sell the interest to the highest bidder at public auction.
(b) If the seller decides to sell an interest in real property as set forth in subsection (a) of this section, the seller shall publish notice of the public sale in a newspaper published in the county in which the real property is located once a week for four successive weeks. The sale must be held in the county where the real property is located. The notice shall give the day, date and time of the beginning of the sale and contain a list of all the tracts to be offered for sale describing where they are located, and a description of each parcel to be sold and the appraised value of each parcel. The notice shall also give the terms and conditions of sale and any additional information the seller considers useful.
(c) When an interest, other than a fee simple interest, in property that has been acquired for a public purpose by right of eminent domain, or otherwise, is abandoned or when the purpose for which it was acquired is terminated, the property reverts to the original owner or the original owner's successor in interest.
(d)(1) Notwithstanding any other provision of this code or the common law and except as provided in subsection (c) of this section, the owner from whom the real property interest was originally acquired by eminent domain or otherwise or the owner's successor in interest, if there is a successor in interest, shall be notified by the seller by certified mail and has a thirty-day option from the date of a sale provided in this section to purchase the interest by offering an amount of money equal to the highest bid received for the interest at the sale. If more than one person claims an equal entitlement, the option may not be exercised.
(2) If bids are not received by the seller and the option holder indicates in writing to the seller that the option holder wishes to exercise the option, the seller shall have the real property interest appraised and sell the interest at that price to the option holder.



NOTE: The purpose of this bill is to provide a procedure for selling property that
was acquired for public use, by eminent domain or otherwise when the use is abandoned. It give the original owner of the property, or the owner's successor in interest, the right to purchase the property.

This section is new; therefore, strike-throughs and underscoring have been omitted.