Current through the 2024 Fourth Special Session
Section 63A-5b-908 - Referring vacant division-owned property to the Department of Transportation for auction(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 ,§ 7, eff. 5/1/2024.Renumbered from § 63A-5a-205 and amended by Chapter 152, 2020 General Session ,§ 61, eff. 5/12/2020.Added by Chapter 195, 2019 General Session ,§ 13, eff. 5/14/2019.