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2007 Op. W. Va. Att'y Gen. 1 (2007)

handle is hein.sag/sagwv0050 and id is 1 raw text is: N~fltOV- C STATE OF WEST VIRGINIA I' OFFICE OF THE ATTORNEY GENERAL -' CHARLETON 25305 &'wri: ! - S. DARRELL V. McGRAW, JR. (3C4) 558-2021 ATTORNEY GENERAL FAX (304) 558-014- November 5, 2007 The Honorable Betty S. Ireland Secretary of State Office of the Secretary of State Building 1, Suite 157-K 1900 Kanawha Boulevard, East CharleSton, West Virginia 25305 Re: Approval of State Armory Board Deeds by the Board of Public Works Dear Secretary freland: On behalf of the West Virginia Board of Public Works, you have requested an official opinion ftrom this Office as to whether real estate transactions between the State Armory Board and other public bodies are exempt from approval by the Board of Public Works. It is our opinion that the acquisition and disposition of real property by and between the State Armory Board and other public bodies is subject to approval by the Board of Public Works. The Relevant Powers of the Board of Public Works The members of the Board of Public Works are the six elected officers who form the Executive Department (W. Va. Const, art. VII, § 1), together with the State Superintendent of Schools, W. Va. Code § 5-4-1. By statute, the Board of Public Works shall have the powers and perform the, duties prescribed for it by law. Id. It is the primary, if not the only, forum for concerted action by the constitutionally created Executive Department. Among the statutory powers of the Board ofPublic Works is the power to approve real estate transactions between the State and other public bodies. West Virginia Code Section 1-5-3, enacted in 1968, empowers all public bodies' to engage in real estate transactions with one another, as follows: 'West Virginia Code § 1-5-2 defines public body to include the state of West Virginia, its agencies, departments, boards and commissions of whatever description, county courts or triburals in lieu thereof, county boards of education, incorporated municipalities or any other political subdivisions.