§5A-11-7. Effectuation of transfer of Public Land Corporation and transition


Published: 2015

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WEST VIRGINIA CODE











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WVC 5 A- 11 - 7

§5A-11-7. Effectuation of transfer of Public Land Corporation and

transition.

To effectuate the transfer of the Public Land Corporation to

Real Estate Division of the Department of Administration upon the

effective date of this section in the year two thousand seven:

(1) Subject to the provisions of section one-d of this

article, the Secretary of the Department of Administration or a

designee and the Secretary of the Department of Commerce or a

designee shall determine which employees, records,

responsibilities, obligations, assets and property, of whatever

kind and character, of the Public Land Corporation will be

transferred to the Real Estate Division of the Department of

Administration beginning the effective date of this section in the

year two thousand seven: Provided, That any title transferred to

or vested in the Public Land Corporation, formerly existing under

the provisions of article one-a, chapter twenty of this code, as of

the first day of July, two thousand seven, or which may hereafter

become vested in the Public Land Corporation in accordance with the

provisions of this article, shall continue to be vested in the

Public Land Corporation.

(2) All orders, determinations, rules, permits, grants,

contracts, certificates, licenses, waivers, bonds, authorizations

and privileges which have been issued, made, granted or allowed to

become effective by the Governor, by any state department or agency

or official thereof, or by a court of competent jurisdiction, in the performance of functions which have been transferred to the

Real Estate Division of the Department of Administration and were

in effect on the date the transfer occurred continue in effect, for

the benefit of the department, according to their terms until

modified, terminated, superseded, set aside or revoked in

accordance with the law by the Governor, the secretary of the

Department of Administration, or other authorized official, a court

of competent jurisdiction or by operation of law.

(3) Any proceedings, including, but not limited to, notices of

proposed rulemaking, in which the Public Land Corporation was an

initiating or responding party are not affected by the transfer of

the Public Land Corporation to the Real Estate Division of the

Department of Administration. Orders issued in any proceedings

continue in effect until modified, terminated, superseded or

revoked by the Governor, the Secretary of Administration, by a

court of competent jurisdiction or by operation of law. Nothing in

this subdivision prohibits the discontinuance or modification of

any proceeding under the same terms and conditions and to the same

extent that a proceeding could have been discontinued or modified

if the Public Land Corporation had not been transferred to the Real

Estate Division of the Department of Administration. Transfer of

the Public Land Corporation does not affect suits commenced prior

to the effective date of the transfer and all such suits and

proceedings shall be had, appeals taken and judgments rendered in

the same manner and with like effect as if the transfer had not occurred, except that the Secretary of the Department of

Administration or other officer may, in an appropriate case, be

substituted or added as a party.





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

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