Statute providing owner of land adjoining highways property being sold with right of first refusal to purchase property for "fair market value," but required general public to buy surplus highways property at public auction is constituti

In McCoy v. VanKirk, 201 W. Va. 718, 500 S.E.2d 534 (1997), after Commissioner of Division of Highways announced that highways property that was no longer needed would be sold at public auction, owner of land that abutted highways property in question brought declaratory judgment action against Commissioner, seeking determination that Commissioner was statutorily required to offer plaintiff right of first refusal to purchase highways property for “fair market value.” The Circuit Court held that statute on which plaintiff based his claim violated United States and West Virginia Constitutions. Plaintiff appealed.

This appeal concerned the interpretation and constitutionality of W.Va.Code, 17–2A–19 [1994], which allowed the Commissioner of the Division of Highways, the Appellee to dispose of certain unneeded highways real estate. The dispute between the parties centers on whether, under the statute, the Commissioner may constitutionally give preferential treatment to an owner of land adjoining the highways property being sold by offering the adjoining landowner the right of first refusal to purchase the highways property for ‘fair market value.’ Under the statute, the general public, i.e., persons who do not own adjoining property must buy surplus highways property at a public auction for the ‘highest and best price therefor.’ McCoy v. VanKirk, 201 W. Va. 718, 722, 500 S.E.2d 534, 538 (1997).

The Supreme Court of Appeals concluded and held that, “[u]nder W.Va.Code, 17–2A–19, there are three classes of potential purchasers of highways property that the Commissioner has approved for sale. The first group is the general public, individuals who do not own property adjoining highways property approved for sale by the Commissioner, and who are accorded no special rights under the statute. For this class of purchasers, the Commissioner must (a) sell the property to individuals who do not own adjoining property at a public auction (b) for the highest and best price therefor.”  Id. at 543.