Section 0400-44-01-.09 - METHODS AND PROCEDURES FOR ACQUISITION AND DISPOSITION OF ACQUIRED LAND(1) The State of Tennessee may acquire land for the previously mentioned reasons by either acquisition, donation or transfer. When all reasonable effort to purchase land or interests in land from a willing seller fail, such rights may be acquired by condemnation.(2) Procedures for all methods of acquisition will generally follow those established by the Tennessee Department of Environment and Conservation as listed below: (a) Complete information regarding survey and legal description is submitted to the State Building Commission. After Building Commission approval, invitations for bids on title work are issued, and then awarded on lowest bid consistent with the title company's ability to perform as required. After title commitment is obtained, appoint and execute agreements with appraisers. Next, appraisal review with documented establishment of fair market value. Commence option contract negotiations at fair market value. Present signed option to Building Commission for approval unless prior approval has been obtained. Prepare warranty deed and closing statement.(b) Donations, as necessary for reclamation activities, to the State of Tennessee should be consistent with objectives and requirements of the Abandoned Mined Lands Program.(3) Where land acquired is considered suitable for industrial, commercial, residential or recreational development, the State, when authorized by O.S.M., may sell such land by public sale under a system of competitive bidding, at not less than the market value. (a) The State shall publish a notice which describes the proposed disposition of the land in a newspaper of general circulation within the area where the land is located for a minimum of four successive weeks. The notice shall provide for at least 30 days of public comment and it shall state where copies of plans for disposition of the land may be obtained or reviewed and the address to which comments or plans should be submitted. The notice shall also state that a public hearing will be held if requested by any person.(b) The State shall hold a public hearing if requested as a result of a public notice and the State may determine that a hearing is appropriate even if a request has not been received.(c) Hearings shall be scheduled to conform with 30 CFR 879.15.(d) Following hearings the State shall make a written finding that the disposal of reclaimed lands is appropriate, considering all comments received, and that the disposal is consistent with State and Federal rules and laws which apply.Tenn. Comp. R. & Regs. 0400-44-01-.09
Original rule filed April 9, 2013; effective July 8, 2013. Rule renumbered from0400-01-24.Authority: T.C.A. §§59-8-324 et seq. and 4-5-201 et seq.