Current through Register Vol. XLI, No. 45, November 8, 2024
Section 157-2-5 - Disposition of Structures5.1. Methods of Disposing of Structures. -- Structures which are not needed for road purposes, but which are situated on land required for present or future contemplated road needs shall be disposed of by the following methods: 5.1.1. Retention by former owner as a part of the consideration of acquisition of the land; or5.1.3. Letting a demolition contract; or5.1.4. Giving to a local public agency; or5.1.5. Removal by Division of Highways maintenance forces; or5.1.6. Inclusion in the prime construction contract.5.2. Retention by Owner. -- Property owners may be permitted to retain improvements for clearance from the right of way. Such improvements must be properly removed within the time agreed to between the property owner and the Commissioner of Highways, and if not so removed, the Commissioner of Highways, shall take proper action to clear the right of way of any such improvements.5.3. Public Sale of Structures. -- The sale of improvements upon state road property shall be at public auction in accordance with West Virginia Code § 17-2A-19 and this rule. 5.3.1. Notice of Auction -- The District Right of Way Manager shall cause a notice of the proposed sale of structures to be published during at least three different weeks in a newspaper of general circulation in the county in which the structures are located The first such notice shall be published at least 20 days prior to date of the proposed public auction.5.3.2. Form of Notice -- Notice of sale of structures shall set forth the time, place, and terms of the proposed sale. The notice shall clearly state that the Commissioner of Highways reserves the right to reject any or all bids. The notice shall describe the structures to be sold, indicate the location of the structures, set forth the terms of payment, and inform prospective bidders where they may obtain a copy of the specifications for removal and clearance of the structures and terms of the proposed bill of sale.5.3.3. Proof of Publication -- An affidavit of publication of the notice shall be obtained and filed with the Right of Way Division.5.3.4. Auction Procedure -- At the time and place specified in the notice, the Relocation and Property Management Section Manager, or his or her designee, shall first advise prospective bidders concerning the terms under which the improvements may be sold. Terms discussed include those concerning payments to the Division of Highways, the posting of a performance bond and rules governing the removal of the improvements and cleanup. After completing the discussion concerning the terms, the auctioneer may commence taking bids. Only after all such items have been read shall the auction commence. Another person appointed by the Relocation and Property Management Section Manager, or his or her designee, shall act as clerk to record the high bid and the name and address of the high bidder on each property. The clerk shall also receive any monies paid at the time of the sale and give a receipt therefor to the high bidder. The clerk shall retain two copies of each such receipt.
5.3.5. Recommendation of Approval -- If time is of the essence, the Relocation and Property Management Section Manager, or his or her designee, may request an advance indication from the Director of the Right of Way Division as to whether the high bid will be acceptable and inform the bidder that contingent upon final approval of the bill of sale, he or she may make arrangements to remove the improvement. However, actual work of removing the structure cannot begin until final approval has been given by the Director of the Right of Way Division. If advance notice is given the high bidder, he or she shall be clearly advised that the sale is still contingent upon approval by the Director of the Right of Way Division, and that the advance notice does not bind the Division of Highways.5.3.6. Bill of Sale -- The bill of sale, in quadruplicate, shall be completed and signed by the purchaser on the day of the auction for immediate transmittal to the Right of Way Division with the results of the auction and the recommendations of the Relocation and Property Management Section Manager.5.3.7. Approval and Closing of Sale -- If the sale is approved by the Director of the Right of Way Division, the District Office will notify the successful bidder by giving him or her the original, fully executed bill of sale and shall obtain any balance due by certified or cashier's check and receive any required performance bond.5.3.8. Removal of Structures. -- All improvements shall be removed from the state right of way by the buyer, at his or her own expense, in accordance with the terms of the bill of sale, or any extension of time authorized in writing by the Director of the Right of Way Division. If such improvements are not removed, title thereto shall revert to the Division of Highways and all sums paid pursuant to said bill of sale shall be forfeited as liquidated damages.5.4. Demolition Contract. -- Removal of structures by demolition contract shall be solicited by public advertisement. The contracts are subject to the relevant provisions of "Construction and Reconstruction of State Roads," 157CSR3.5.5. Removal of Structures From the Right of Way by Fire Department. -- Structures which have been offered for sale, but no acceptable bids were received may be removed by local fire departments after approval of the Director or Assistant Director of the Right of Way Division.5.6. Removal by Maintenance Forces. -- Removal by maintenance forces may be made after bids have been taken if there is no acceptable bid. Maintenance forces may remove structures prior to taking bids with prior approval of the Director of the Right of Way Division when removal by maintenance forces is in the public interest.5.7. Removal by Contractor. -- Structures may be left on the right of way for the prime contractor to remove when in a particular case it is more practicable or in the public interest to do so.