H. B. 4039
(By Delegates Hamilton and M. Poling)
[Introduced January 14, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5A-10-1a, relating
to giving abutting landowners of public lands a right of first
refusal to lease or buy public lands.
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 §5A-10-1a, to read as
follows:
ARTICLE 10. REAL ESTATE DIVISION.
§5A-10-1a. Right of first refusal.
(a) Notwithstanding exceptions in section two of this article,
this section applies to all public lands available for sale or
lease.
(b) Abutting landowners of public land have a right of first
refusal when that public land becomes available for sale or lease.
(c) It is the duty of the Real Estate Division to directly
notify all abutting landowners of public land of the potential and
available opportunity to lease or purchase the abutting public
land.
(d)(1) The executive director, is to give preferential
treatment to an abutting landowner if it appears that:
(i) 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 "surviving spouse" and "descendent" used in
this subdivision are as defined in section one, article one,
chapter forty-two of this code; and
(ii) The primary use of the abutting property has not
substantially changed since the time of acquisition.
(2) When the provisions of paragraph (1) of this subdivision
are met, the executive director is to offer the property for sale
or lease to the principal abutting landowner at a cost equal to
the amount paid by the state agency in acquiring the public land.
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.
(3) When an abutting landowner is not an individual from whom the real estate was acquired or his or her surviving spouse or
descendant, the public land is offered for the fair market value to
all remaining abutting landowners. When two or more abutting
landowners offer the fair market value for public lands, an auction
is held with the public land going to the highest bidder.
(4) Any property not purchased by abutting landowners will be
leased or sold according to the laws of this state.
NOTE: The purpose of this bill is to
give abutting landowners
of state property a right of first refusal to lease or buy public
lands
.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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