Title 63A. Utah Administrative Services Code Chapter 1


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



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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)

(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.


Renumbered and Amended by Chapter 152, 2020 General Session




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