# W. Va. Code § 18-5-5: Corporate character and general powers of board; exemption of school property from legal process and taxes

> West Virginia · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S5

## Section

- **Citation:** W. Va. Code § 18-5-5
- **Heading:** Corporate character and general powers of board; exemption of school property from legal process and taxes
- **Jurisdiction:** West Virginia
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** WV Code / Chapter 18 / Article 5 / Section 5

## Text

The county board of education shall be a corporation by the name of "The Board of Education of the county of ..........," and as such may sue and be sued, plead and be impleaded, contract and be contracted with. It shall succeed and be subrogated to all the rights of former magisterial and independent district boards and may institute and maintain any and all actions, suits and proceedings now pending or which might have been brought and prosecuted in the name of any former board for the recovery of any money or property, or damage to any property due to or vested in the former board, and shall also be liable in its corporate capacity for all claims legally existing against the board of which it is a successor. The board shall, according to law, hold and dispose of any real estate or personal property belonging to the former corporation or its predecessors, or that may hereafter come into its possession.

The board according to law and the intent of the instrument conferring title, shall receive, hold and dispose of any gift, grant or bequest.

All public school property used for school purposes shall be exempt from execution or other process, and free from lien or distress for taxes or municipal, county or state levies.

## Nearby sections

- [W. Va. Code § 18-5-1 §18-5-1. Supervision and control of county school districts; number, nomination and election of members.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S1.md)
- [W. Va. Code § 18-5-1A §18-5-1a. Eligibility of members; training requirements.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S1A.md)
- [W. Va. Code § 18-5-1B §18-5-1b. Election; terms of office.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S1B.md)
- [W. Va. Code § 18-5-1C §18-5-1c. Organization of board; evaluation.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S1C.md)
- [W. Va. Code § 18-5-2 §18-5-2. Filling vacancies.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S2.md)
- [W. Va. Code § 18-5-3 §18-5-3. Oath of members.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S3.md)
- [W. Va. Code § 18-5-4 §18-5-4. Meetings; employment and assignment of teachers; budget hearing; compensation of members; affiliation with state and national associations.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S4.md)
- [W. Va. Code § 18-5-5 §18-5-5. Corporate character and general powers of board; exemption of school property from legal process and taxes.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S5.md)
- [W. Va. Code § 18-5-6 §18-5-6. Validation of titles to land in possession of board.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S6.md)
- [W. Va. Code § 18-5-7 §18-5-7. Sale of school property at public auction; rights of grantor of lands in rural communities; oil and gas leases; disposition of proceeds; lease of school property.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S7.md)
- [W. Va. Code § 18-5-7A §18-5-7a. Disposition of school property in flood control projects.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S7A.md)
- [W. Va. Code § 18-5-7B §18-5-7b. Charitable or community use of unneeded buildings.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S7B.md)
- [W. Va. Code § 18-5-8 §18-5-8. Condemnation of land necessary for educational purposes.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S8.md)
- [W. Va. Code § 18-5-9 §18-5-9. Schoolhouses, buildings and equipment; health of pupils; repairs; medical and dental clinics.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S9.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WV_C18_A5_S5. Check the current official text before relying on it. Not legal advice.