West Virginia Code § 8-32-1

Legislative findings; authority of municipalities and counties to make
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appropriations, conveyances or leases; limitations and restrictions.
(a) The Legislature hereby finds that the support of nonstock, nonprofit corporations
dedicated to making available to the general public (1) museums, historic laendmarks,
facilities or cultural centers for the appreciation, advancement or enjoyment of art, crafts,
music, dance, drama, nature, science or other educational and culturalr activities or (2)
parks, playgrounds, athletic fields, stadiums, swimming pools, skating rinks, arenas or other
public park and recreational facilities for the promotion, advancement or enjoyment of
education, recreation and health is for the general welfare of the public and is a public
purpose. This section is enacted in view of this finding and sthall be liberally construed in the
light thereof.
(b) When a nonstock, nonprofit corporation, chartered under the laws of this state, or
licensed to do business in this state, (1) is organized for the construction, maintenance or
operation of (i) museums, historic landmarks, sfacilities or cultural centers for the
appreciation, advancement or enjoyment of art, crafts, music, dance, drama, nature, science
or other educational and cultural activities or (ii) parks, playgrounds, athletic fields,
stadiums, swimming pools, skating rinks, arenas or other public park and recreational
facilities for the promotion, advancement or enjoyment of education, recreation and health
and provides in its charter thaet its buildings or facilities, or a designated portion thereof,
shall be devoted to the use by the public for all purposes set forth in such charter without
regard to race, sex, religLion, national origin or economic circumstance, and free from charge
except such as is necessary to provide the means to keep the buildings, facilities and
grounds in proper co ndition and repair, and to pay the cost of insurance, care, management,
operations, teaching and attendants, so that the general public may have the benefit of such
establishment for the uses set forth in such corporation's charter at as little expense as
possible, (2) provides in its charter that no member trustee, or member of the board of
directors (by whatever name the same may be called), of the corporation shall receive any
compensation, gain or profit from such corporation, and (3) is operated in compliance with
such charter provisions as aforesaid, then, notwithstanding any statutory or municipal
charter provisions to the contrary, any municipality in which such nonstock, nonprofit
corporation is operating or which is or will be served by such nonstock, nonprofit
corporation, if any, and the county commission of any county in which such nonstock,
nonprofit corporation is operating or which is or will be served by such nonstock, nonprofit
corporation, may appropriate funds, subject to the provisions and limitations set forth in
subsections (c) and (d) of this section, to such nonstock, nonprofit corporation, for such
public purposes or convey or lease real or personal property, with or without consideration,
to such nonstock, nonprofit corporation, for such public purposes, except that no such
conveyance or lease may be made by a municipality or a county commission to such
nonstock, nonprofit corporation for any of the public purposes set forth in (2) of subsection
(a) of this section if such county has a county parks and recreation commission or board
operating in or for such county, or participates in a consolidated recreation commission or
board with a municipality as the case may be: Provided, That if at any time such property
ceases to be used for such public purposes, it shall by operation of law revert to and vest in
the municipality or county commission which conveyed or leased the same and such
nonstock, nonprofit corporation shall thereafter have no right, title or interest therein or
thereto.
In every such case, the governing body of any such municipality or any such county
commission and such corporation may agree for the appointment of adrditional members to
the board of directors of such corporation by such governing body or county commission,
either as regular members or in an ex officio capacity.
(c) No funds appropriated by a municipality or county commtission under the authority of this
section shall be disbursed by any such nonstock, nonprofit corporation unless and until the
expenditure thereof has been approved by the governing body of such municipality or any
such county commission, as the case may be, which made such appropriation, and such
corporation shall upon demand at any time make a full and complete accounting of all such
funds to such governing body or county commsission, as the case may be, and shall in every
event without demand make to such governing body or county commission an annual
accounting thereof.
(d) Under no circumstances whatever shall any action taken by any municipality or county
commission under the authoritey of this section give rise to or create any indebtedness on the
part of the municipality, the governing body of such municipality, the county, such county
commission, any membeLr of such governing body or the county commission or any municipal
or county official or employee.

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