WVC 1 -
CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.
ARTICLE 5. ACQUISITION AND DISPOSITION OF REAL PROPERTY BY AND BETWEEN PUBLIC BODIES.
§1-5-1. Legislative findings and purpose.
This article is enacted to facilitate and expedite the
acquisition and disposition of real property by and between the
state and its political subdivisions and county boards of education
and by and between such political subdivisions and county boards of
education, it being determined by the Legislature that through the
evolution and growth of governmental processes, the duties,
responsibilities and functions of various units of government have
become intermingled and that such governmental units should be
permitted to deal with one another on a direct and mutually
beneficial basis with respect to such acquisition and disposition.
§1-5-2. Scope of article; public body defined.
The provisions of this article shall apply to the state of
West Virginia, its agencies, departments, boards and commissions of
whatever description, county courts or tribunals in lieu thereof,
county boards of education, incorporated municipalities or any
other political subdivisions.
For the purpose of this article, the term "public body" shall
mean the state of West Virginia, or any agency, department, board
or commission thereof of whatever description, or any county court
or tribunal in lieu thereof, or any county board of education, or
any incorporated municipality, or any other political subdivision.
§1-5-3. Acquisition and disposition of real property; approval by
board of public works; conveyances.
Any public body is hereby authorized and empowered to acquire
by purchase, transfer or exchange any real property owned by any
other public body, and any public body is hereby authorized and
empowered to dispose of by sale, transfer or exchange to or with
any other public body any real property owned by it, any such
acquisition or disposition to be upon such terms and conditions as
may be agreed upon by and between the public bodies, taking into
consideration (1) the lack of need for such property by the public
body holding title thereto; (2) the need for such property by the
public body desiring to acquire title thereto; and (3) the benefits
to be derived by the public as a result of such acquisition or
That any acquisition or disposition by the
state, or any agency, department, board or commission thereof, must
first be approved in writing by the board of public works. All
conveyances of any such real property shall be by deed or deeds, as
the case may be, in the manner provided by law for the conveyance
of real property.
All acts or parts of acts which are inconsistent with the
provisions of this article are hereby repealed to the extent of
If any provision of this article or the application thereof to
any person or circumstance is held invalid, such invalidity shall
not affect other provisions or applications of this article, and to
this end the provisions of this article are declared to be
Note: WV Code updated with legislation passed through the 2012 1st Special Session