W. Va. Code R. § 157-2-2 - Sale, Exchange or Lease of Real Property and Structures

2.1. Relocation and Property Management Section of the Right of Way Division. -- The sale, exchange, or lease of real property or any interest or right therein or any structure thereon, held by the Department of Transportation, Division of Highways, shall be under the control and management of the Relocation and Property Management Section of the Right of Way, Division of the Division of Highways.

2.2. District Office. -- In each District Office, the District Right of Way Manager or his or her designee shall perform the duties and functions relating to the sale, exchange or lease of real property, any interest therein, or structures thereon, within the District.

2.3. Excess Real Estate. -- Excess real estate, as used in this rule, means any real property or any interest or right therein, which is held by the Division of Highways and which is not necessary or desirable for present or presently foreseeable future state road purposes, or any directly or indirectly related purposes connected with the construction, maintenance or operation of state roads. The Commissioner of Highways has exclusive authority to designate excess real property. All deeds transferring any interest owned by the Division of Highways shall be quitclaim deeds.

2.4. Temporary Disposition. - Temporary disposition of real property or any interest therein, not needed for state road purposes, may be either by lease or permit.

2.5. Permanent Disposition.

2.5.1. Excess real estate may be permanently disposed of by:

2.5.1.a. Exchange for other real property needed for any state road purpose.

2.5.1.b. Public sale.

2.5.1.c. Abandonment. In the usual instance will apply only to road right of way easement.

2.5.1.d. Private negotiated sale at fair market value to the principal abutting landowners.

2.5.2. If excess real estate acquired subsequent to December 31, 1973, through voluntary real estate acquisition or exercise of the power of eminent domain is to be sold, it shall be first offered for sale to the principal abutting landowner(s) at a cost equal to the amount paid by the Division of Highways in acquiring the real estate less any applicable reduction attributable to the value of improvements which have been removed, plus an adjusted amount to reflect interest at a rate equal to the increase in the consumer price index for all urban consumers as reported by the United States Department of Labor since the disbursement of funds, provided that the following conditions are met:

2.5.3. A principal abutting landowner for purposes of this subsection is an abutting landowner who is an individual from whom the real estate was acquired or his or her surviving spouse or descendent as defined in West Virginia Code, § 42-1-1; and

2.5.4. The primary use of the principal abutting property has not substantially changed since the time of the acquisition. If there is no principal abutting landowner(s), all abutting landowners shall have a right of first refusal to purchase the property as provided in subparagraph 2.5.c.

2.5.5. The right of first refusal gives the abutting landowners the right to purchase the excess property as provided in this section. The abutting landowner shall be notified in writing sent by certified mail, return receipt requested, of his or her right of first refusal and that he or she has sixty (60) days to exercise this right. The right of first refusal is exercised by an abutting landowner through his or her remittance of the price determined by the Division of Highways to be fair market value within 60 days of notification. If no abutting landowner exercises the right of first refusal by remitting the purchase price to the Division of Highways within 60 days, then the property may be otherwise sold. The Division of Highways will recognize and act upon a written release of the right of first refusal. The right of first refusal is not transferrable or assignable.

2.5.6. If multiple abutting landowners opt to purchase the property, the property shall be sold at public auction.

2.5.7. For purposes this rule, an abutting landowner is an abutting landowner at the time of the disposition. Such landowner shall be determined by the Commissioner's employees or agents. In all cases the landowner shall submit proof satisfactory to the Division of Highways of his or her ownership, which may include but is not limited to a certified copy of his or her deed, an abstract of title certified by an attorney licensed to practice law in West Virginia, payment of current year's taxes evidenced by tax receipt, or in the case of heirs who do not have deeds, such proof shall be by way of certified documented records of heirship or intestate ownership. Principal abutting landowners and abutting landowners shall be determined in the same manner.

2.5.8. If public utilities are present on property being permanently disposed, that portion being used by the utility shall be excepted and/or reserved from the conveyance.

2.5.9. The provisions of 23 CFR § 710.403 and § 710.405 shall be followed when federal highway aid funds were used to purchase the property being offered for the sale, exchange, or lease.

2.6. Initiating Disposition. -- Any person, firm or corporation, in accordance with the provisions of subsection 3.3 of this rule may make a written request to the District Manager of the Division of Highways District where the property involved is located, or directly to the Commissioner of Highways in Charleston, West Virginia, for the disposition of any parcel or tract of real estate owned or otherwise held by the Division of Highways. No real estate owned or held by the Division of Highways shall be sold, offered for sale, or released in any manner until such sale, offer or release has been approved by the District Manager, the State Highway Engineer, and the Commissioner of Highways or his or her designee.

2.7. Finding of Value as Hiking Trail. -- Prior to any transfer, sale or other disposal of real property, the Commissioner of Highways must determine that the property or right of way has no significant value to the state as a hiking trail or serve as a link between two or more state owned properties. Such determination is not required if the property is within 600 feet of any dwelling house and the owner of the dwelling house is acquiring the property from the Division of Highways.

Notes

W. Va. Code R. § 157-2-2