W. Va. Code R. § 148-20-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 148-20-3 - Rules for Sale, Exchange or Transfer of Land or Minerals

3.1. The Secretary of the Public Land Corporation shall present to the Board of Directors of the Public Land Corporation any proposed land sale, exchange, transfer or lease of land or minerals. If the Board of Directors authorizes consideration of the project, then the Secretary will have one year to gather the information needed and present it to the Board of Directors to make a final decision as follows:

3.1.a. Determine the "fair market value" of the land or minerals through an appraisal or assistance from an independent mineral consultant;

3.1.b. The agency that is proposing the sale or lease must prepare and reduce to writing the reasons and supporting data regarding the sale, lease, exchange or transfer of land or minerals. The written reasons required under this section shall be made available by the corporation for public inspection at the office of county clerk at the county courthouse of each county in which the affected lands or minerals are located during the two successive weeks before the date of the required public hearing;

3.1.c. Provide for a public hearing to be held at a reasonable time and place within each county in which the affected lands or minerals are located to allow interested members of the public to attend the hearing without undue hardship. Members of the public may be present, submit statements and testimony and question the corporation's representative;

3.1.d. At least thirty days before the public hearing, provide notice to all members of the Legislature, to the head of the governing body of any political subdivision having zoning or other land use regulatory responsibility in the geographic area within which the public lands or minerals are located and to the head of any political subdivision having administrative or public services responsibility in the geographic area within which the lands or minerals are located;

3.1.e. Publish a notice of the required public hearing. The notice shall be published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of the West Virginia Code and the publication area shall be each county in which the affected lands or minerals are located. The public hearing will not be held until at least 14 days after the first publication of the notice. The notice shall contain the time and place of the public hearing along with a brief description of the affected lands or minerals;

3.1.f. Post a copy of the required notice in a location in plain sight at the affected land for members of the public to observe. The notice (81/2" x 11") shall remain posted for two successive weeks prior to the date of the public hearing;

3.1.g. Appoint a representative of the Public Land Corporation to conduct the public hearing. The representative shall be knowledgeable of all the facts and circumstances surrounding the proposed sale, lease, exchange or transfer. The representative conducting the public hearing shall make the results of the hearing available to the Public Land Corporation for its consideration at least five days prior to the Board of Directors making final decisions regarding the affected lands or minerals. The representative shall make a report of the public hearing available for inspection by the public, or, upon written request of any interested parties. A written copy will be provided to the president of the county commission, county clerk, and any municipality in which the effected lands may be located and pursuant to 3.1.d; and any individual requesting a copy of same within thirty days following the public hearing; and

3.1.h. If the evidence at the public hearing establishes by a preponderance that the appraisal provided for in subsection (a) of section 3.1 of this rule does not reflect the true, fair market value, the Public Land Corporation shall have another appraisal completed.

3.1.i. If the evidence at the public hearing establishes by a preponderance that the sale or exchange of land does not meet any of the criteria set forth below, the Public Land Corporation may not proceed with the sale or exchange of the land without judicial approval.

3.2. Disposal Criteria

3.2.1. The tract was acquired for a specific purpose and the tract is no longer required for that or any other state purpose;

3.2.2. 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

3.2.3. 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;

3.3. The Public Land Corporation may not sell, lease as lessor, exchange or transfer lands or minerals for at least 30 days following the public hearing or fifteen days after the report of the public hearings are made available to the public in general whichever is later.

3.4 With the approval of the Board of Directors, the Executive Director of the Real Estate Division shall sign the contract, lease, or deed.

W. Va. Code R. § 148-20-3