Property Grab?

 

 

Note:  We questioned the ownership of the Jacmal Property at Greenback.  Is this the same attempt to have the county build a $4.1 million transfer station at county landfill to be eventually owned by the Mecks?

The Greenbrier Valley Economic Development Corporation (GVEDC) is able to bypass public auction constraints because it operates under a different set of statutory rules designed to prioritize economic growth over rigid procurement procedures.

Here is how the GVEDC's legal framework allows it to bypass these constraints:

• Different Statutory Authority: While County Commissions and Solid Waste Authorities are generally bound by the strict public auction rules of West Virginia Code § 7-3-3, the GVEDC operates under West Virginia Code § 7-12. This article grants development authorities much broader, discretionary powers to manage property to promote business prosperity and economic welfare.
• The Power to Negotiate Contracts: Under W. Va. Code § 7-12-7, an economic development authority like the GVEDC is authorized to acquire, sell, lease, or otherwise dispose of property through negotiated contracts rather than being forced to use a public auction. Legislative amendments made in 1998 specifically clarified this power, emphasizing the intent to give development authorities the flexibility to manage property in ways that favor economic outcomes over rigid auction processes.
• The Inter-Agency Transfer Loophole: To get the property into the GVEDC's hands in the first place without an auction, the County Commission or SWA utilizes statutory "safe harbor" exceptions. W. Va. Code § 7-3-3(b) and § 7-12-11 explicitly authorize county commissions to transfer property to an economic development authority for "public use" or for "industrial, economic, or recreational development". These transfers can be made without an auction and for nominal or no consideration (e.g., $1).

The resulting maneuver: By combining these laws, a County Commission or SWA can legally transfer public land to the GVEDC without an auction. Once the GVEDC holds the title, it can use its special discretionary powers to negotiate a direct lease or sale with a private developer—such as JacMal, LLC—completely bypassing the competitive bidding and public auction constraints that would have applied had the SWA dealt with the private developer directly.