63A-5b-908. Referring vacant division-owned property to the Department of Transportation for auction.

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

Effective 5/1/2024

(1)The division may refer vacant division-owned property to the Department of Transportation for a public auction if:

(a)for a conveyance, lease, or disposal of vacant division-owned property for less than fair market value:

(i)the division has provided notice under Section 63A-5b-905 with respect to the vacant division-owned property; and

(ii)the division receives no qualified proposals in response to the notice under Section 63A-5b-905 ;

(b)the director determines that:

(i)there is no reasonable likelihood that within the foreseeable future:

(A)a primary state agency will use or occupy the vacant division-owned property; or

(B)a secondary state agency, local government entity, or public purpose nonprofit entity will seek a transfer of ownership or lease of the vacant division-owned property; and

(ii)disposing of the vacant division-owned property through a public auction is in the best interests of the state;

(c)the director requests and receives a recommendation on the proposed public auction from the Legislative Executive Appropriations Committee;

(d)the director communicates the Executive Appropriations Committee's recommendation to the executive director; and

(e)the executive director approves the public auction.

(2)If the division refers a vacant division-owned property to the Department of Transportation for public auction, the Department of Transportation shall publicly auction the vacant division-owned property under the same law and in the same manner that apply to a public auction of Department of Transportation property.

(3)At a public auction conducted under Subsection (2), the Department of Transportation may, on behalf of the division, accept an offer to purchase the vacant division-owned property.

(4)The division and the Department of Transportation shall coordinate together to:

(a)manage the details of finalizing any sale of the vacant division-owned property at public auction; and

(b)ensure that the buyer acquires proper title and that the division receives the net proceeds of the sale.

(5)If a public auction under this section does not result in a sale of the vacant division-owned property, the Department of Transportation shall notify the division and refer the vacant division-owned property back to the division.

Amended by Chapter 480 , 2024 General Session