Via, 081216 WVAGO, AGO 081216

• Case Date: August 12, 2016
• Court: West Virginia

The Honorable Patrick I. Via AGO 081216 No. 081216 West Virginia Attorney General Opinions State of West Virginia Office of the Attorney General August 12, 2016           Patrick Morrisey Attorney General.           Elbert Lin Solicitor General.           Steven A. Travis Assistant Attorney General.          The Honorable Patrick I. Via          Prosecuting Attorney          Office of the Greenbrier County Prosecuting Attorney          200 North Court Street          Lewisburg, WV 24901          Dear Prosecutor Via:          You have asked for an Opinion of the Attorney General regarding the transfer of property from a municipality to an area economic development corporation and subsequently to a charitable 501(c)(3) organization. This Opinion is being issued pursuant to West Virginia Code § 5-3-2, which provides that the Attorney General "may consult with and advise the several prosecuting attorneys in matters relating to the official duties of their office." To the extent this Opinion relies on facts, it is based solely upon the factual assertions set forth in your correspondence with the Office of the Attorney General.          According to your letter, the Greenbrier Valley Economic Development Corporation ("GVEDC"), a multi-county economic development authority serving Greenbrier, Monroe, and Pocahontas counties, has been approached by the municipality of White Sulphur Springs to transfer land owned by the municipality to the GVEDC. You further state that subsequent to this gift transfer, the GVEDC will transfer the land to a charitable 501(c)(3) organization for the purpose of building homes, at a discounted rate, for residents of White Sulphur Springs who were displaced by the June 23, 2016, floods.          Your letter raises the following legal question:

May White Sulphur Springs transfer land owned by the municipality to an area economic development corporation, which in turn will transfer the property to a charitable 501(c)(3) corporation for the construction of housing for citizens who have been displaced by unprecedented

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