Bill Text: WV SB327 | 2015 | Regular Session | Introduced
Bill Title: Requiring public hearing prior to fee simple transfer of real property to or from DNR and Division of Forestry
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-01-27 - To Natural Resources [SB327 Detail]
Download: West_Virginia-2015-SB327-Introduced.html
Senate Bill No. 327
(By Senators Williams and Sypolt)
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[Introduced January 27, 2015; referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-1A-6; and to amend said code by adding thereto a new section, designated §20-1-7a, all relating to requiring public hearings upon transfer of certain land to or from the state; requiring public hearing be held at least thirty days prior to closing of sale; requiring certain notice of public hearing; and providing for availability of transcript of public hearing and list of attendees.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §19-1A-6; and that said code be amended by adding thereto a new section, designated §20-1-7a, all to read as follows:
CHAPTER 19. AGRICULTURE.
ARTICLE 1A. DIVISION OF FORESTRY.
§19-1A-6. Public hearing required upon purchase or sale of real property.
Whenever the Division of Forestry is party to a fee simple transfer of real property where state funds of any type are used for all or a portion of the cost to purchase the real property or, in the case of a sale, where any or all of the proceeds of such sale are to be deposited in any state account, the division shall hold a public hearing in the county where the real property is located at least thirty days prior to the closing of the sale. Notice of the public hearing shall be provided by (1) posting notice of the hearing to the Division of Forestry website, (2) posting notice of the public hearing in a conspicuous place at the affected land for members of the public to observe, and (3) publishing notice of the hearing by a Class II legal advertisement where the publication area is the county where the real property is located, pursuant to section two, article three, chapter fifty-nine of this code. A list of attendees of the public hearing and a transcript of the proceedings shall be prepared by the Division of Forestry and shall be made available to interested parties, including by posting a copy to the Division of Forestry website.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 1. ORGANIZATION AND ADMINISTRATION.
§20-1-7a. Public hearing required upon purchase or sale of real property.
Whenever the Division of Natural Resources is party to a fee simple transfer of real property where state funds of any type are used for all or a portion of the cost to purchase the real property or, in the case of a sale, where any or all of the proceeds of such sale are to be deposited in any state account, the division shall hold a public hearing in the county where the real property is located at least thirty days prior to the closing of the sale. Notice of the public hearing shall be provided by (1) posting notice of the hearing to the Division of Natural Resources website, (2) posting notice of the public hearing in a conspicuous place at the affected land for members of the public to observe, and (3) publishing notice of the hearing by a Class II legal advertisement where the publication area is the county where the real property is located, pursuant to section two, article three, chapter fifty-nine of this code. A list of attendees of the public hearing and a transcript of the proceedings shall be prepared by the division and shall be made available to interested parties, including by posting a copy to the Division of Natural Resources website.
NOTE: The purpose of this bill is to provide for a public hearing before there is fee simple transfer of real property to or from the Division of Natural Resources and the Division of Forestry.
These sections are new; therefore, strike-throughs and underscoring have been omitted.
