West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-02 - Disposal, Lease And Management Of Real Property And Appurtenant Structures And Relocation Assistance › Section 157-2-7 - Lease of Division of Highways' Property

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. 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.