January 20, 1993
Dr. Alan Canonico
Pendleton County Schools
P. O. Drawer 888
Franklin, West Virginia 26807
Dear Dr. Canonico:
You have asked: "[Whereas] Pendleton County Board of Education is planning to sell a building which serves as an annex to the central office, . . . [may it] sell this facility
through a sealed bid process after due notice or must the sale be made on the courthouse steps through public auction?"
Pendleton County Board of Education may sell a building by sealed bid, after due public notice, instead of by public sale on the county courthouse steps. W.Va. Code 19-2C-1(b) defines public auction1 like so:
The term "public auction" means any public sale of real or personal property when offers or bids are made by prospective purchasers and the property sold to the highest bidder.
Unlike W.Va. Code 7-3-3 which requires that an auction held by a county commission be "at the front door of the courthouse. . .and. . . conducted by the president of the county commission," W.Va. Code 18-5-7 requires only that "the board may sell. . . buildings and. . . land. . . at public auction, after proper notice, and on such terms as it orders, to the highest responsible bidder."2
Hoping that I have been of service, I am
State Superintendent of Schools
1. Auctioneer is defined by W.Va. Code 19-2C-1(a).
2. W.Va. Code 46-2-328 treats auction generally like that
required of a county commission, yet it does not define it
as such and, therefore, it allows for other forms.