West Virginia Code § 8-12-18

Sale, lease, or disposition of other municipal property
Open in Lexace · Ask the AI about this section
(a) Every municipality, municipal building commission created pursuant to §8-33-1 et seq. of
this code, and municipal development authority created pursuant to §7-12-1 et seq. of this
code is authorized to sell, lease as lessor, or dispose of any of its real or personal property or
any interest therein or any part thereof (other than a public utility which shall be sold or
leased in accordance with the provisions of §8-12-17 of this code), as authorized in §1-5-1 et
seq. of this code, or to the United States of America or any agency or instrumentality
thereof, or to the state or any agency or instrumentality thereof, for a public purpose for an
adequate consideration, without considering alone the present cuommercial or market value
of such property.
(b) In all other cases involving a sale, any municipality is hereby empowered and authorized
to sell any of its real or personal property or any interest therein or any part thereof for a
fair and adequate consideration, the property to be sold at public auction at a place
designated by the governing body, or by using an Ilnternet-based public auction service, but
before making any sale, notice of the time, tersms, and place of sale, together with a brief
description of the property to be sold, shall be published as a Class II legal advertisement in
compliance with the provisions of §59-3-1 et seq. of this code and the publication area for the
publication shall be the municipalityg. The requirements of notice and public auction shall not
apply to the sale of any one item or piece of property of less value than $1,000 and under no
circumstances shall the proviseions of this section be construed as being applicable to any
transaction involving the trading in of municipally owned property on the purchase of new or
other property for the mLunicipality and every municipality shall have plenary power and
authority to enter into and consummate any trade-in transaction.
(c) In all other cases involving a lease, any municipality is hereby empowered and authorized
to lease as lessor any of its real or personal property or any interest therein or any part
thereof for a fair and adequate consideration and for a term not exceeding 50 years. Every
leasWe shall be authorized by resolution of the governing body of the municipality, which
resolution may specify terms and conditions which must be contained in such lease:
Provided, That before any proposed lease is authorized by resolution of the governing body,
a public hearing on the proposed lease shall be held by the governing body after notice of
the date, time, place and purpose of the public hearing has been published as a Class I legal
advertisement in compliance with the provisions of §59-3-1 et seq. of this code and the
publication area for the publication shall be the municipality. The power and authority
granted in this subsection shall be in addition to, and not in derogation of, any power and
authority vested in any municipality under any constitutional or other statutory provision
now or hereafter in effect.
PART VII. EXTRATERRITORIAL EXERCISE OF POWERS
AND AUTHORITY.

‹ 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.