McCoy v. VanKirk

STARCHER, Justice:

This appeal concerns the interpretation and constitutionality of W.Va.Code, 17-2A-19 [1994], which allows the Commissioner of the Division of Highways, appellee Fred Van-Kirk, (“Commissioner”) 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…