DATE ISSUED: 11/5/ of 5 UPDATE 98 CDB(LEGAL)-B

Similar documents
SURPLUS PROPERTY SALES PROCEDURES. ECONOMIC DEVELOPMENT AND HOUSING COMMITTEE May 1, 2006

6/16/2010 SELLING MUNICIP SELLING

2005 Texas Local Government Code CHAPTER 422. PUBLIC UTILITY AGENCIES FOR PROVISION OF WATER OR SEWER SERVICE

CONTRACTING - BID LAWS

District Facilities and Public Charter Schools

to NMSA 1978 Updated 2013 ARTICLE 6 Sale of Public Property Section Disposition of obsolete, worn out or

DISPOSITION OF REAL PROPERTY/PERSONAL PROPERTY

IC Chapter 7. Real Property Transactions

Assembly Bill No. 34 Committee on Natural Resources, Agriculture, and Mining

STATE POLICY SNAPSHOT

CHAPTER 35 PARKS AND RECREATION

Step-By-Step Procedures for Disposal of Surplus Property For North Carolina Local Governments

DISPOSITION OF REAL PROPERTY/PERSONAL PROPERTY

DISPOSITION OF PROPERTY POLICY

Minnesota State Colleges and Universities System Procedures Chapter 6 Facilities Management

RULE NO. 21 MIDDLE RIO GRANDE CONSERVANCY DISTRICT RULES AND PROCEDURES GOVERNING DISPOSITION OF DISTRICT REAL PROPERTY (LAND SALES POLICY)

BAY COUNTY LIBRARY SYSTEM DISPOSITION OF LIBRARY OWNED REAL PROPERTY POLICY

BLUEPRINT REAL ESTATE POLICY

H 7425 S T A T E O F R H O D E I S L A N D

RESOLUTION NO

STEUBEN TOBACCO ASSET SECURITIZATION CORPORATION DISPOSITION OF PROPERTY GUIDELINES ADOPTED PURSUANT TO SECTION 2896 OF THE PUBLIC AUTHORITIES LAW

NOTICE OF CHANGE IN PROPOSED REGULATION AMENDMENT

THE CORPORATION OF THE CITY OF WINDSOR POLICY

Policy for the Sale and Disposition of Real Property Interests Approved by City Council February 25, 2008 Revision Date Replaces

Senate Eminent Domain Bill SF 2750 As passed by the Senate. House Eminent Domain Bill HF 2846/SF 2750* As passed by the House.

CTAS e-li. Published on e-li ( September 08, 2018 Disposition of Surplus Property

IC Chapter 4. City War Memorials

FRANKLIN COUNTY CIVIC DEVELOPMENT CORPORATION DISPOSITION OF PROPERTY POLICY. I. Introduction

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 HOUSE BILL 501 RATIFIED BILL

PROPERTY; PROVIDING FOR EXPENDITURE OF REVENUE; PROVIDING FOR REIMBURSEMENT

IC Application of chapter Sec. 1. This chapter applies to each unit having a commission. As added by P.L (ss), SEC.18.

WATER AUTHORITY OF GREAT NECK NORTH POLICY FOR THE DISPOSITION OF PROPERTY As Revised: March 19, 2018 for Item As Re-Adopted December 10, 2018

Bill of Rights. Cities of 5,000 or more population; adoption or amendment of charter

City Commission Agenda Cover Memorandum

SENATE FLOOR VERSION February 13, 2017

RENTAL, LEASE AND SALE OF REAL PROPERTY

BROOKLYN BRIDGE PARK CORPORATION POLICY ON THE ACQUISITION AND DISPOSITION OF REAL PROPERTY. Board of Directors Meeting.

NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION POLICY REGARDING THE ACQUISITION AND DISPOSITION OF REAL PROPERTY

IC Chapter 2. World War Memorials

18 Sale and Other Disposition of Regional Lands Policy

Land Transfer Program Briefing

BATAVIA DEVELOPMENT CORPORATION DISPOSITION OF REAL ADOPTED PURSUANT TO SECTION 2896 OF THE PUBLIC AUTHORITIES LAW

CITY OF QUINCY DISPOSAL OF SURPLUS CITY ASSETS POLICY

Kings County Board of Education Board Policy

DISCLAIMER: Copyright: 2014

Disposals of land or improvements in School district No. 42 will be guided by the following principles.

CONSERVATION AND PRESERVATION EASEMENTS ACT Act of Jun. 22, 2001, P.L. 390, No. 29 AN ACT Providing for the creation, conveyance, acceptance,

PETITION APPLICATION PROCEDURE

CHECKLIST FOR CHARTER SCHOOL SUBMISSION OF PROPOSED LEASE PURCHASE ARRANGEMENT FOR PUBLIC EDUCATION DEPARTMENT APPROVAL

MICHAEL N. FEUER CITYATIORNEY REPORT RE:

NC General Statutes - Chapter 116 Article 21B 1

ADMINISTRATIVE ORDER NUMBER 50 RESPECTING THE DISPOSAL OF SURPLUS REAL PROPERTY

SUFFOLK COUNTY INDUSTRIAL DEVELOPMENT AGENCY DISPOSITION OF PROPERTY GUIDELINES ADOPTED PURSUANT TO SECTION 2896 OF THE PUBLIC AUTHORITIES LAW

DISPOSITION OF REAL AND PERSONAL PROPERTY POLICY

H 7291 S T A T E O F R H O D E I S L A N D

Common Interest Ownership Act Key Points

POLICY: DISPOSAL OF SURPLUS PROPERTY OTHER THAN REAL ESTATE

Buffalo Niagara Convention Center. Management Corporation. Property Disposition Guidelines

Nebraska Association of County Officials

Department of Legislative Services

DEED OF EASEMENT STATE OF NEW JERSEY AGRICULTURE RETENTION AND DEVELOPMENT PROGRAM. BETWEEN, whose address is and is referred to as the Grantor;

Authority of Commissioners Court

LOCAL GOVERNMENT CODE CHAPTER 372. IMPROVEMENT DISTRICTS IN MUNICIPALITIES AND COUNTIES SUBCHAPTER A. PUBLIC IMPROVEMENT DISTRICTS

ARTICLE I 1. STATEMENT OF PURPOSE AND APPLICABILITY

SUFFOLK COUNTY WATER AUTHORITY POLICIES AND PROCEDURES SUBJECT: SCWA PROPERTY DISPOSITION POLICY FILE UNDER SECTION NO: 9

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES

COUNTY POWERS AND DUTIES. As Modified by the 81 st Texas Legislature

IC Chapter 9. Local County Road and Bridge Board

130A-55. Corporate powers. A sanitary district board shall be a body politic and corporate and may sue and be sued in matters relating to the

CHAPTER House Bill No. 733

CHAPTER 23A: SURPLUS CITY PROPERTY ORDINANCE

CHAPTER House Bill No. 1453

PROPERTY DISPOSITION GUIDELINES OF STATE OF NEW YORK MORTGAGE AGENCY, ESTABLISHING STANDARDS FOR THE DISPOSITION AND REPORTING OF PROPERTY

CHAPTER House Bill No. 1567

ST. LAWRENCE COUNTY INDUSTRIAL DEVELOPMENT AGENCY CIVIC DEVELOPMENT CORPORATION Resolution No. CDC January 23, 2013

RIGHT-of-WAY in INDIAN COUNTRY

Department of Administration State Property Office. State Construction Conference March 2015

Lindsay A. Thorson, Atkinson, Andelson, Loya, Ruud & Romo Margie Padron, Long Beach Community College District SUMMARY OF SURPLUS PROPERTY PROCEDURES

Definitions. Real property is land and whatever is erected or affixed to land, such as structures or buildings.

8/1/2016 Act of Oct. 24, 2012,P.L. 1239, No. 153 Cl. 68 REAL AND PERSONAL PROPERTY (68 PA.C.S.) CREATION OF LAND BANKS FOR THE CONVERS

AN ACT. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Property Disposition Compliance Process Governance Committee #1345, approved March 29, 2017

CHAPTER 83 METROPOLITAN HOUSING AUTHORITIES

University Policy UNIVERSITY PROPERTY AND EQUIPMENT INVENTORY

TITLE 28. ZONING AND REAL PROPERTY

Summary of State Manufactured Home Purchase Opportunity Laws

(1) Purpose. The purpose of this regulation is to set forth guidelines with respect to the

New York State Housing Trust Fund Corporation M E M O R A N D U M ANNUAL REPORT ON PROPERTY DISPOSAL GUIDELINES

LCRA BOARD POLICY 401 LAND RESOURCES. Sept. 21, 2016

GREATER SYRACUSE PROPERTY DEVELOPMENT CORPORATION DISPOSITION OF REAL AND PERSONAL PROPERTY POLICY

Development Authority of the North Country Governance Policies

2. periodically inventory such property to determine which property may be disposed of;

Property Disposition Guidelines of the New Rochelle Industrial Development Agency

Florida Attorney General Advisory Legal Opinion

NC General Statutes - Chapter 47C 1

Referred to Committee on Taxation. SUMMARY Revises provisions governing the collection of delinquent property taxes. (BDR )

40 USC 550. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

Sections to shall be known and may be cited as the Nebraska Condominium Act.

HOUSE BILL lr1125 A BILL ENTITLED. St. Mary s County Metropolitan Commission Fee Schedule

REAL PROPERTY ACQUISITION POLICY

Transcription:

Sale or Exchange of Real Property Publication of Notice Bidding Requirements Open-Enrollment Charter School Offer Exceptions Generally The Board may authorize the sale of any property, other than minerals, held in trust for free school purposes, by means of a Board resolution. The Board President shall execute a deed to the purchaser reciting the Board resolution authorizing the sale. The District may employ, retain, contract with, or compensate a licensed real estate broker or salesperson for assistance in the acquisition or sale of real property. Education Code 11.154 Except for the types of l interests described below, before l owned by the District may be sold or exchanged for other l, notice to the general public of the offer of the l for sale or exchange must be published in a newspaper of general circulation in either the county in which the l is located or, if there is no such newspaper, in an adjoining county. The notice must include a description of the l, including its location, the procedure by which sealed bids to purchase the l or offers to exchange the l may be submitted. The notice must be published on two separate dates the sale or exchange may not be made until after the 14th day after the date of the second publication. Local Gov t Code 272.001(a) If the Board intends to sell, lease, or allow use for a purpose other than a District purpose of an unused or underused District facility, it must give each open-enrollment charter school located wholly or partly within the boundaries of the District the opportunity to make an offer to purchase, lease, or use the facility, as applicable, in response to any terms established by the Board, before offering the facility for sale or lease or to any other specific entity. The Board is not required to accept an offer made by an open-enrollment charter school. Education Code 11.1542 The notice bidding requirements set out above do not apply to the types of l real property interests described below owned by the District. The l those interests described below may not be conveyed, sold, or exchanged for less than the fair market value of the l or interest unless the conveyance, sale, or exchange is with one or more abutting property owners who own the property outright. The fair market value is determined by an appraisal obtained by the district that owns the l or interest. The appraisal price is conclusive of the fair market value of the l or interest. This applies to: 1. Narrow strips of l, or l that because of its shape, lack of access to public roads, or small area cannot be used independently under its current zoning or under applicable subdivision or other development control ordinances; 2. Streets or alleys, owned outright or used by easement; DATE ISSUED: 11/5/2013 1 of 5 -B

3. L or a real property interest originally acquired for streets, rights-of-way, or easements that the political subdivision chooses to exchange for other l to be used for streets, rights-of-way, easements, or other public purposes, including transactions partly for cash; 4. L that the District wants to have developed by contract with an independent foundation; 5. A real property interest conveyed to a governmental entity that has the power of eminent domain; or 6. The l or interests described by items 1 2 above may be sold to: a. Abutting property owners in the same subdivision if the l has been subdivided; or b. Abutting property owners in proportion to their abutting ownership, the division between owners must be made in an equitable manner. This section does not require the Board to accept any bid or offer or to complete a sale or exchange. Higher Education Institutions Other Political Subdivisions Local Gov t Code 272.001(b) (d) The District may donate, exchange, convey, sell, or lease l, improvements, or any other interest in real property to an institution of higher education for less than its fair market value without complying with the notice bidding requirements in order to promote a public purpose related to higher education. The District shall determine the terms conditions of the transaction so as to effectuate maintain the public purpose. Local Gov t Code 272.001(j) The District may donate or sell for less than fair market value without complying with the notice bidding requirements a designated parcel of l or an interest in real property to another political subdivision if: 1. The l or interest will be used by the political subdivision to which it is donated or sold in carrying out a purpose that benefits the public interest of the donating or selling district; 2. The donation or sale of the l or interest is made under terms that effect maintain the public purpose for which the donation or sale is made; DATE ISSUED: 11/5/2013 2 of 5 -B

3. The title right to possession of the l or interest revert to the donating or selling district if the acquiring political subdivision ceases to use the l or interest in carrying out the public purpose. Sale of Instructional Facility Financed with State Allotment Lease of Property to a Governmental Entity Local Gov t Code 272.001(l) If an instructional facility financed by bonds paid with state local funds under Chapter 46 of the Education Code is sold before the bonds are fully paid, the District shall send to the comptroller a percentage of the District s net proceeds as required by statute. Education Code 46.011 [See also CCA] To promote a public purpose of the District, the District may: 1. Lease property owned by the District to another political subdivision or an agency of the state or federal government; or 2. Make an agreement to provide office space in property owned by the District to the other political subdivision or agency. The District: 1. Shall determine the terms of the lease or agreement so as to promote maintain the public purpose; 2. May provide for the lease of the property or provision of the office space at less than fair market value; 3. Is not required to comply with any competitive purchasing procedure or any notice publication requirement imposed by this chapter or other law. Sale or Lease of Minerals Publication of Notice Mineral Leases Local Gov t Code 272.005 Sale or lease of minerals in l belonging to the District shall be authorized by a resolution adopted by a majority of the Board. Education Code 11.153; Natural Resources Code 71.005 The Board must give notice of its intention to lease the l. The notice must be published once a week for three consecutive weeks in a newspaper published in the county with general circulation in the county, shall: 1. Describe the l to be leased; 2. Designate the time place at which the Board will receive consider bids for the lease. Natural Resources Code 71.005 DATE ISSUED: 11/5/2013 3 of 5 -B

Donation of Former School Campus When the sale or lease of minerals has been authorized by the Board, the Board President may execute a lease or may sell or exchange the minerals in accordance with the terms authorized by the Board. The mineral lease or deed shall recite the approval of the Board. Education Code 11.153 The Board may, by resolution, authorize the donation of real property improvements formerly used as a school campus to a municipality, county, state agency, or nonprofit organization if: 1. Before adopting the resolution, the Board holds a public hearing concerning the donation, in addition to any other notice required, gives notice of the hearing by publishing the subject matter, location, date, time of the hearing in a newspaper having general circulation in the territory of the District; 2. The Board determines that: a. The improvements have historical significance; b. The transfer will further the preservation of the improvements; c. At the time of the transfer, the District does not need the real property or improvements for educational purposes; 3. The entity to whom the transfer is made has shown, to the satisfaction of the Board, that the entity intends to continue to use the real property improvements for public purposes. The Board President shall execute a deed transferring ownership of the real property improvements to the municipality, county, state agency, or nonprofit organization. The deed must: 1. Recite the resolution of the Board authorizing the donation; 2. Provide that ownership of the real property improvements revert to the District if the municipality, county, state agency, or nonprofit organization: a. Discontinues use of the real property improvements for public purposes; or b. Executes a document that purports to convey the property. Education Code 11.1541(a) (b) DATE ISSUED: 11/5/2013 4 of 5 -B

Note: Regarding disposal of school buses, see CNB. Regarding disposal of school-owned personal property, see CI. Regarding geospatial data products, see CQA. DATE ISSUED: 11/5/2013 5 of 5 -B