Utah Code 63A-5b-908. Referring vacant division-owned property to the Department of Transportation for auction
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(1) The division may refer vacant division-owned property to the Department of Transportation for a public auction if:
Terms Used In Utah Code 63A-5b-908
- Agency: means a board, commission, institution, department, division, officer, council, office, committee, bureau, or other administrative unit of the state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, the Legislature, the courts, or the governor, but does not mean a political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63A-1-103
- Department: means the Department of Government Operations. See Utah Code 63A-1-103
- Director: means the division director, appointed under Section
63A-5b-302 . See Utah Code 63A-5b-102 - Division: means the Division of Facilities Construction and Management created in Section
63A-5b-301 . See Utah Code 63A-5b-102 - Division-owned property: means real property, including an interest in real property, to which the division holds title, regardless of who occupies or uses the real property. See Utah Code 63A-5b-901
- Executive director: means the executive director of the Department of Government Operations. See Utah Code 63A-1-103
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Local government entity: means a county, city, town, special district, special service district, community development and renewal agency, conservation district, school district, or other political subdivision of the state. See Utah Code 63A-5b-901
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Public purpose nonprofit entity: means a corporation, association, organization, or entity that:(7)(a) is located within the state;(7)(b) is not a state agency or local government entity;(7)(c) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; and(7)(d) operates to fulfill a public purpose. See Utah Code 63A-5b-901
- Secondary state agency: means a state agency:(9)(a) that is authorized to hold title to real property that the state agency occupies or uses, as provided in Section
63A-5b-304 ; and(9)(b) for which the division does not hold title to real property that the state agency occupies or uses. See Utah Code 63A-5b-901 - State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Transfer of ownership: includes a transfer of the ownership of vacant division-owned property that occurs as part of an exchange of the vacant division-owned property for another property. See Utah Code 63A-5b-901
- Vacant division-owned property: means division-owned property that:(12)(a) a primary state agency is not occupying or using; and(12)(b) the director has determined should be made available for:(12)(b)(i) use or occupancy by a primary state agency; or(12)(b)(ii) a transfer of ownership or lease to a secondary state agency, local government entity, public purpose nonprofit entity, or private party. See Utah Code 63A-5b-901
(1)(a) for a conveyance, lease, or disposal of vacant division-owned property for less than fair market value:
(1)(a)(i) the division has provided notice under Section 63A-5b-905 with respect to the vacant division-owned property; and
(1)(a)(ii) the division receives no qualified proposals in response to the notice under Section 63A-5b-905 ;
(1)(b) the director determines that:
(1)(b)(i) there is no reasonable likelihood that within the foreseeable future:
(1)(b)(i)(A) a primary state agency will use or occupy the vacant division-owned property; or
(1)(b)(i)(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
(1)(b)(ii) disposing of the vacant division-owned property through a public auction is in the best interests of the state;
(1)(c) the director requests and receives a recommendation on the proposed public auction from the Legislative Executive Appropriations Committee;
(1)(d) the director communicates the Executive Appropriations Committee’s recommendation to the executive director; and
(1)(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:
(4)(a) manage the details of finalizing any sale of the vacant division-owned property at public auction; and
(4)(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.