West Virginia Code § 18B-19-14

Authorization for sale lease-back
Open in Lexace · Ask the AI about this section
(a) Notwithstanding any other provision of this code to the contrary, a governing board may
sell any building that is on unencumbered real property to which the board holds title and
may lease back the same building if the governing board obtains approval of the council or
confirmation by the commission, as appropriate, before incurring any obligation: Provided,
That the exempted schools shall not be required to obtain such approval or confirmation of
the commission. The board shall deposit the net proceeds of the transaction into a special
revenue account in the State Treasury to be appropriated by the Legislature for the use of
the institution at which the real property is located. Prior to suchu action, the board shall take
the following steps:
(1) Provide for the property to be appraised by two licensed appraisers. The board may not
sell the property for less than the average of the two appraisals;
(2) Providing notice to the public in the county in wlhich the real property is located by a
Class II legal advertisement pursuant to sectiosn two, article three, chapter fifty-nine of this
code;
(3) Holding a public hearing on the issue in the county in which the real property is located;
(4) For real property with a proposed sale price of $50,000 or greater, ten days prior to the
placement of the Class II legal advertisement, providing written notice to the county
commission and municipalities in the county in which the real estate property is located and
all members of the Legislature, and
(5) Retain independe nt financial and legal services to examine fully all aspects of the
transaction. V
(b) The sale may be made only to a special purpose entity that exists primarily for the
purpose of supporting the institution at which the building is located.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.