W. Va. Code R. § 148-20-4

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

Section 148-20-4 - Bidding Procedures for Land Sales

4.1. Sales, exchanges or transfers of public lands by the Public Land Corporation will generally be conducted under competitive bidding procedures. The Secretary may sell lands by modified competitive bidding or by direct sale when it furthers public policies including a preference for adjoining property owners, county or city governments, or individuals who utilize the property. In recognizing public policies, the Secretary shall give consideration to the following potential purchasers: local government entities which are in the vicinity of the lands, and/or adjacent landowners as a potential purchaser.

4.2. Competitive bid sales will be used:

4.2.1. Where the lands are assessable and usable regardless of land ownership.

4.2.2. The lands are within a developing or urbanizing area and land values are increasing due to the location of the land and interest on the competitive market.

4.3. Modified competitive sales and direct sales:

4.3.1. Adjoining landowners or local government entities may use the modified competitive sales to meet the high bid at the public sale. Lands otherwise offered under this procedure would normally be public lands not located near urban expansion area, or not located near areas with rapidly increasing land values, and where existing use of adjacent lands would be jeopardized by sale under competitive bidding procedures.

4.3.2. Direct sale may be used when the lands offered for sale are completely surrounded by lands in one ownership with no public access, or where the lands are needed by local governments.

4.3.3. Lands will not be offered for sale by "modified competitive sales" or "direct sale" unless the Public Land Corporation makes a written finding of justification for use of an alternative bidding procedure.

4.4. Subject to the bidding procedures set forth herein, the Public Land Corporation is authorized, at its discretion, to sell public lands subject to rights-of-way, restrictive covenants or easements retained by the Public Land Corporation, limiting the use of such lands to purposes consistent with the use of adjoining or nearby lands owned by the Public Land Corporation.

4.5. If lands have been offered for sale by one method of sale and the lands remain unsold, then the lands may be reoffered by another method of sale. However, if the provisions of the rules are complied with and no bid equal to or in excess of the fair market value is received, the Public Land Corporation may, at any time during a period of six months after the opening of the bids, sell the property, but the contract price may not be less than the fair market value.

4.6. Public lands may be sold, exchanged or transferred to any federal agency or to the state or any of its political subdivisions for less than fair market value if, upon a specific written finding of fact, the corporation determines that such a transfer would be in the best interests of the Public Land Corporation and the state.

W. Va. Code R. § 148-20-4