Chapter 1. The State And Its Subdivisions


Published: 2015

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WEST VIRGINIA CODE











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WVC 1 -

CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.

WVC -5-

ARTICLE 5. ACQUISITION AND DISPOSITION OF REAL PROPERTY BY AND BETWEEN PUBLIC BODIES.







WVC 1-5-1

§1-5-1. Legislative findings and purpose.

This article is enacted to facilitate and expedite the

acquisition and disposition of real property by and between the

state and its political subdivisions and county boards of education

and by and between such political subdivisions and county boards of

education, it being determined by the Legislature that through the

evolution and growth of governmental processes, the duties,

responsibilities and functions of various units of government have

become intermingled and that such governmental units should be

permitted to deal with one another on a direct and mutually

beneficial basis with respect to such acquisition and disposition.







WVC 1-5-2

§1-5-2. Scope of article; public body defined.

The provisions of this article shall apply to the state of

West Virginia, its agencies, departments, boards and commissions of

whatever description, county courts or tribunals in lieu thereof,

county boards of education, incorporated municipalities or any

other political subdivisions.

For the purpose of this article, the term "public body" shall

mean the state of West Virginia, or any agency, department, board

or commission thereof of whatever description, or any county court

or tribunal in lieu thereof, or any county board of education, or

any incorporated municipality, or any other political subdivision.







WVC 1-5-3

§1-5-3. Acquisition and disposition of real property; approval by

board of public works; conveyances.

Any public body is hereby authorized and empowered to acquire

by purchase, transfer or exchange any real property owned by any

other public body, and any public body is hereby authorized and

empowered to dispose of by sale, transfer or exchange to or with

any other public body any real property owned by it, any such

acquisition or disposition to be upon such terms and conditions as

may be agreed upon by and between the public bodies, taking into

consideration (1) the lack of need for such property by the public

body holding title thereto; (2) the need for such property by the

public body desiring to acquire title thereto; and (3) the benefits

to be derived by the public as a result of such acquisition or

disposition: Provided, That any acquisition or disposition by the

state, or any agency, department, board or commission thereof, must

first be approved in writing by the board of public works. All

conveyances of any such real property shall be by deed or deeds, as

the case may be, in the manner provided by law for the conveyance

of real property.







WVC 1-5-4

§1-5-4. Repeal.

All acts or parts of acts which are inconsistent with the

provisions of this article are hereby repealed to the extent of

such inconsistency.







WVC 1-5-5

§1-5-5. Severability.

If any provision of this article or the application thereof to

any person or circumstance is held invalid, such invalidity shall

not affect other provisions or applications of this article, and to

this end the provisions of this article are declared to be

severable.





Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.