Current through Register Vol. XLI, No. 50, December 13, 2024
Section 157-2-7 - Lease of Division of Highways' Property7.1. General. -- In all instances where property or any interest or right therein, including airspace or any part thereof, is being held by the West Virginia Division of Highways, it may be leased pursuant to the provisions of West Virginia Code § 17-2A-19 and §17-2A-19a; provided, that the amount of the lease rental must be updated every five years based upon then existing market conditions unless longer lease terms have been approved by the Commissioner for utility accommodation leases. The leases will be made in accordance with the following requirements.7.2. Prior Approval. -- Prior approval of a lease must be obtained from the District Manager and Commissioner of Highways except where the lease is a temporary continuation of an existing occupancy at the time of the Division of Highways acquisition and does not interfere with right of way clearance.7.3. Appraisal. -- Rentals shall be based on a written approval and determination of fair rental value approved by the Commissioner of Highways or his or her designee.7.4. Continuation of Existing Lease. -- When a property acquired by the Division of Highways is subject to an existing lease or tenancy, the Relocation and Property Management Section Manager, or his or her designee, with the approval of the Director of the Right of Way Division, may continue the existing lease at the existing rental amount; provided, that proper arrangements are made to vacate the property promptly, in advance of its need for highway construction; provided, that the amount of the lease rental must be updated every five years, based upon existing market conditions unless longer lease terms have been approved by the Commissioner for utility accommodation leases.7.5. Owner Occupant Retaining Possession. -- Where property is acquired and the owner occupant is permitted by the Division of Highways to retain possession in excess of the time allotted under the option or 30 days after closing, whichever is greater, the former owner occupant may rent the property or interest therein at a fair rental determined by the Commissioner of Highways or his or her designee, provided satisfactory arrangements are made for vacating the property prior to its need for highway purposes.7.6. Rental Principles. -- Division of Highways property which is leased to others, except to an owner occupant or tenant at time of acquisition, shall be leased in accordance with the following principles:7.6.1. The Right of Way Chief Appraiser or his or her designee shall establish the fair rental value for the Commissioner of Highways.7.6.2. Each prospective tenant shall be required to execute a lease agreement which has been approved by the Right of Way Legal Section.7.6.3. All rent is due and payable on the first day of each rental period.7.6.4. All lease agreements shall be in effect for an agreed term and may provide for termination upon thirty (30) days written notice by either party.7.6.5. The Division of Highways shall make no repairs or alterations without written authorization from the Director of the Right of Way Division.7.6.6. The Division of Highways assumes no liability for any utility bills, sewer charges, or trash disposal costs.7.6.7. No tenant shall be allowed to occupy Division of Highways property until he or she has paid first to the Division of Highways (by certified or cashier's check or money order) one (1) month's rent in advance.7.6.8. No employee of the Division of Highways may occupy Division of Highways property without authorization from the Commissioner of Highways.7.6.9. The District Property Manager shall only collect the first rental payment. All future rents shall be paid directly by the tenant to the Accounts Receivable Section, Finance Division of the Division of Highways. The payment requirements shall be clearly stated on the rental agreement or lease.7.6.10. Occupants of properties acquired by the Division of Highways may remain in possession of such properties as tenants of the Division on a preferential basis.7.6.11. The Division of Highways may lease its property to a public body for an amount less than fair market rental value; provided, that such property is used by that public body for public purposes. No public body may sublet any property owned by the Division of Highways for any purpose without the consent of the Commissioner of Highways.