37-802

37-802. Disposition of real property by state
agency; alternative fuel delivery systems; definition

A. Unless another procedure is prescribed by law, the director or other chief
administrative officer of a state agency may lease or convey real property or any right,
title or interest in real property as prescribed by this section if the agency director
or other chief administrative officer of a state agency determines that it is no longer
needed or used for public purposes.

B. Unless the property is subject to a right of reversion to a previous owner or
the previous owner's successors in interest, the agency director or other chief
administrative officer of a state agency may lease or convey:

1. Real property to another agency of this state, any county, municipality or other
political subdivision or any school district of this state without the necessity of a
public sale if the real property will be used for an alternative fuel delivery
system. The transferee agency shall pay the transferor agency for a conveyance made
pursuant to this section based on a current appraisal establishing the fair market value
of the property.

2. Other marketable real property to the highest and most responsible bidder at a
public auction or by direct sale or exchange after at least thirty days' notice in a
newspaper of general circulation in the county in which the property is located. At
least two independent appraisals are required for property that is offered and the
property shall not be offered or conveyed for less than the amount of the low
appraisal. All purchase offers are public and any person may submit a subsequent offer
that matches or exceeds a previous purchase offer.

C. The sale shall be for cash or on terms of at least twenty per cent down payment
with the balance payable in annual amortized installments for ten years, the unpaid
balance to bear interest at a rate determined by the agency director.

D. The agency director or other chief administrative officer may execute all deeds
or conveyances necessary to lease or convey any real property or interest in the real
property to be leased or conveyed under this section and may assess a fee for the costs
of preparing and executing any lease or conveyance under this section. The agency
director or other chief administrative officer may insert in any deed or conveyance
conditions, covenants, exceptions and reservations the agency director considers to be in
the public interest or may convey in fee simple absolute.

E. A conclusive presumption exists in favor of any purchaser for value and without
notice of any real property or interest in the real property leased or conveyed pursuant
to this section that the agency acted within its lawful authority in acquiring the
property, and that the agency director or other chief administrative officer acted under
lawful authority in executing any deed, conveyance or lease authorized by this section.

F. For purposes of this section, "alternative fuel delivery system" means any
facility that provides for the fueling of an alternative fuel vehicle.