(A) Title to property. The Authority shall hold in its own name all real property it acquires.
(B) Tax exemption.
(1) Except as set forth in division (B)(2) below, the real property of the Authority and its income and operations are exempt from property tax pursuant to W. Va. Code 31-18E-9(b).
(2) Division (B)(1) above does not apply to real property after the fifth consecutive year in which the real property is continuously leased to a private third party. However, real property continues to be exempt from property taxes if it is leased to a nonprofit or governmental agency at substantially less than fair market value.
(C) Methods of acquisition. The Authority may acquire real property or interests in real property by any means on terms and conditions and in a manner it considers proper; provided, that the Authority may not acquire any interest in oil, gas or minerals which have been severed from the realty.
(D) Acquisitions from municipalities or counties.
(1) The Authority may acquire real property by purchase contracts, lease purchase agreements, installment sales contracts and land contracts and may accept transfers from the city, or the Counties of Putnam and Kanawha for property within the city limits, upon terms and conditions as agreed to by the Authority and the municipality or county.
(2) A municipality or county may transfer to the Authority real property and interests in real property of the municipality or county on terms and conditions and according to procedures determined by the municipality or county as long as the real property is located within the jurisdiction of the Authority.
(E) Maintenance. The Authority shall maintain all of its real property in accordance with the statutes of the state and ordinances of the city.
(F) Prohibition.
(1) Subject to the provisions of division (F)(2) below, the Authority may not own or hold real property located outside the jurisdictional boundaries of the city.
(2) The Authority may be granted Authority pursuant to an intergovernmental cooperation agreement with the city or Putnam or Kanawha County to manage and maintain real property located within the jurisdiction of the municipality or county.
(G) Acquisition of tax delinquent properties.
(1) Notwithstanding any other provision of this subchapter to the contrary, pursuant to this subchapter or otherwise by intergovernmental cooperation agreement, the Authority may acquire an interest in tax delinquent property through the provisions of W. Va. Code Ch. 11-a. Notwithstanding the provisions of W. Va. Codes Ch. 11-a, Art. 3, § 8, if no person present at the tax sale bids the amount of the taxes, interest and charges due on any unredeemed tract or lot or undivided interest in real estate offered for sale, the sheriff shall, prior to certifying the real estate to the auditor for disposition pursuant to W. Va. Code Ch. 11-a, Art. 3, § 44, provide a list of all of said real estate within the Authority’s jurisdiction to the Authority and the Authority shall be given an opportunity to purchase the tax lien and pay the taxes, interest and charges due for any unredeemed tract or lot or undivided interest therein as if the Authority were an individual who purchased the tax lien at the tax sale, all of which procedures are set forth in W. Va. Code 31-18E-9(g).
(2) Notwithstanding any other provision of West Virginia Code to the contrary, if authorized by the city, or otherwise by intergovernmental cooperation agreement, the Authority shall have the right of first refusal to purchase any tax-delinquent property which is within the city municipal limits, and has an assessed value of $25,000 or less or has been condemned; provided, that the Authority satisfies the requirements of division (G)(3) below. A list of properties which meet the criteria of this division (G) shall regularly be compiled by the Sheriff of the county, and the Authority may purchase any qualifying tax-delinquent property for an amount equal to the taxes owed and any related fees before such property is placed for public auction. Such authority is in accordance with W. Va. Code 31-18E-9(g)(2).
(3) When the Authority exercises a right of first refusal in accordance with division (G)(2) above, the Authority shall, within 15 days, provide written notice to all owners of real property that is adjacent to the tax-delinquent property. Any such property owner shall have a period of 120 days from the receipt of notice, actual or constructive, to exercise a right to purchase the tax-delinquent property from the Authority for an amount equal to the amount paid for the property by the Authority; provided, that in the event more than one adjacent land owner desires to purchase the tax-delinquent property, it shall be sold to the adjacent property owner offering the highest bid. It is the duty of the adjacent property owner to establish that he or she is the actual owner of property that is adjacent to the tax-delinquent property and all state and local taxes and all fees on his or her adjacent property are current and non-delinquent. All such procedures are in compliance with W. Va. Code 31-18E-9(g), and are subject to the sunset provisions of W. Va. Code 31-18E-9(g)(4).
(Ord. passed 5-7-2019)