West Virginia Code § 5A-11-3

Public Land Corporation, powers and duties
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(a) The corporation is hereby authorized and empowered to:
(1) Acquire from any persons or the State Auditor or any local, state or federal agency, by
purchase, lease or other agreement, any lands necessary and required for public use;
(2) Acquire by purchase, condemnation, lease or agreement, receive by gifts and devises or
exchange, rights-of-way, easements, waters and minerals suitable for public use;
(3) Sell or exchange public lands where it is determined that the sale or exchange of such
tract meets any or all of the following disposal criteria:
(A) The tract was acquired for a specific purpose and the tract is no longer required for that
or any other state purpose; a
(B) Disposal of the tract serves important public objectives including, but not limited to,
expansion of communities and economic development which cannot be achieved on lands
other than public lands and which clearly outweigh other public objectives and values
including, but not limited to, recreation and scenic values which would be served by
maintaining the tract in state ownership; or
(C) The tract, because of its location or other characteristics, is difficult and uneconomic to
manage as part of the public lands and is not suitable for management by another state
department or agency.
(4) Sell, purchase or exchange lands or stumpage for the purpose of consolidating lands
under state or federa l government administration subject to the disposal criteria specified in
subdivision (3) of this subsection;
(5) Negotiate and effect loans or grants from the government of the United States or any
ageWncy thereof for acquisition and development of lands as may be authorized by law to be
acquired for public use;
(6) Expend the income from the use and development of public lands for the following
purposes:
(A) Liquidate obligations incurred in the acquisition, development and administration of
lands, until all obligations have been fully discharged;
(B) Purchase, develop, restore and preserve for public use, sites, structures, objects and
documents of prehistoric, historical, archaeological, recreational, architectural and cultural
significance to the State of West Virginia; and
(C) Obtain grants or matching moneys available from the government of the United States or
any of its instrumentalities for prehistoric, historic, archaeological, recreational,
architectural and cultural purposes.
(7) Designate lands, to which it has title, for development and administration for the public
use including recreation, wildlife stock grazing, agricultural rehabilitation and homesteading
or other conservation activities;
(8) Enter into leases as a lessor for the development and extraction of minerals, including
coal, oil, gas, sand or gravel except as otherwise circumscribed herein: Provided, That leases
for the development and extraction of minerals shall be made in accordance with the
provisions of sections five and six of this article. The corporation shall reserve title and
ownership to the mineral rights in all cases; u
(9) Convey, assign or allot lands to the title or custody of proper departments or other
agencies of state government for administration and control within the functions of
departments or other agencies as provided by law; a
(10) Make proper lands available for the purpose olf cooperating with the government of the
United States in the relief of unemployment asnd hardship or for any other public purpose.
(b) There is hereby continued in the state Tireasury a special Public Land Corporation Fund
into which shall be paid all proceeds from public land sales and exchanges and rents,
royalties and other payments from mineral leases: Provided, That all royalties and payments
derived from rivers, streams or public lands acquired or managed by the Division of Natural
Resources pursuant to section seven, article one, chapter twenty of this code and section
two, article five, chapter twenty of this code shall be retained by the Division of Natural
Resources: Provided, however, That all proceeds, rents, royalties and other payments from
land sales, exchanges and mineral rights leasing for public lands owned, managed or
controlled by the Adjutant General's Department will be retained in a fund managed by the
Adjutant General in accordance with article six, chapter fifteen of the code: Provided further,
That all free gas, sand, gravel or other natural resources derived from a lease or contract
madWe pursuant to this article will be used to benefit the state agencies, institutions, or
departments located on the affected public lands, or for which the corporation was acting or
to benefit any state agencies, institutions, or departments having adjacent property. The
corporation may acquire public lands from use of the payments made to the fund, along with
any interest accruing to the fund. The corporation shall report annually, just prior to the
beginning of the regular session of the Legislature, to the finance committees of the
Legislature on the financial condition of the special fund. The corporation shall report
annually to the Legislature on its public land holdings and all its leases, its financial
condition and its operations and shall make such recommendations to the Legislature
concerning the acquisition, leasing, development, disposition and use of public lands.
(c) All state agencies, institutions, divisions and departments shall make an inventory of the
public lands of the state as may be by law specifically allocated to and used by each and
provide to the corporation a list of such public lands and minerals, including their current
use, intended use or best use to which lands and minerals may be put: Provided, That the
Division of Highways need not provide the inventory of public lands allocated to and used by
it, and the Division of Natural Resources need not provide the inventory of rivers, streams
and public lands acquired or managed by it. The inventory shall identify those parcels of
land which have no present or foreseeable useful purpose to the State of West Virginia. The
inventory shall be submitted annually to the corporation by August 1. The corporation shall
compile the inventory of all public lands and minerals and report annually to the Legislature
by no later than January 1, on its public lands and minerals and the lands aned minerals of the
other agencies, institutions, divisions or departments of this state which are required to
report their holdings to the corporation as set forth in this subsection, arnd its financial
condition and its operations.
(d) Except as otherwise provided by law, when the corporation exercises its powers, the
corporation will coordinate with other state agencies, instituttions, and departments in order
to develop and execute plans to utilize mineral rights which benefit their operations or the
operations of any other state agencies, institutions, or departments.

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