63A-5b-907. Priorities for vacant division-owned property -- Division to convey vacant division-owned property.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/4/2022

(1)This section applies to a proposed transfer of ownership or lease of vacant division-owned property at less than fair market value.

(a)An applicant that is a state agency has priority for vacant division-owned property over an applicant that is a local government entity, a public purpose nonprofit entity, and a private party.

(b)An applicant that is a local government entity and an applicant that is a public purpose nonprofit entity have:

(i)priority for vacant division-owned property over an applicant that is a private party; and

(ii)between them the same priority for vacant division-owned property.

(3)If the division receives multiple timely qualified proposals from applicants with the highest and same priority, the division shall:

(a)notify the executive director of:

(i)the availability of the vacant division-owned property; and

(ii)the applicants with the highest and same priority that have submitted qualified proposals; and

(b)provide the executive director with a copy of the timely qualified proposals submitted by the applicants with the highest and same priority.

(4)Within 30 days after being notified under Subsection

(3), the executive director shall:

(a)determine which applicant's qualified proposal is most likely to result in the highest and best public benefit; and

(b)notify the division of the executive director's decision under Subsection

(4)(a).

(5)The division shall effect a transfer of ownership or lease of the vacant division-owned property to:

(a)the applicant with the highest priority under Subsection

(2), if the division receives a timely qualified proposal from a single applicant with the highest priority; or

(b)the applicant whose qualified proposal was determined by the executive director under Subsection

(4)to be most likely to result in the highest and best public benefit, if the division receives multiple timely qualified proposals from applicants with the highest and same priority.

Amended by Chapter 421 , 2022 General Session