§ 37-7-3 Reconveyance, lease, or sale ofland acquired by condemnation. – Whenever in the opinion of the acquiring authority any land or other realproperty or interest therein taken by condemnation is no longer required forthe purpose for which it was taken, the acquiring authority, with the approvalof the state properties committee, may, with the consent of the person orpersons from whom the land, property, or interest was obtained, or their heirs,successors, or assigns, convey the property or any part thereof, with orwithout suitable restrictions, by executing and recording a deed thereof. Thedeed shall be executed on behalf of the state by the acquiring authority,approved as to substance by the director of administration, and approved as toform by the attorney general. The recorded deed shall thereby revest the titleto the land, property or interest therein to the persons, their heirs,successors, or assigns, in whom it was vested at the time of the taking, andthe fair market value of the land or property or interest therein so conveyedat the time of the conveyance shall be considered in mitigation of damages inany proceedings instituted on account of the taking. Or, the acquiringauthority, with the approval of the state properties committee, may lease orsell and convey the property, with or without suitable restrictions, forconsideration not less than that paid for it by the acquiring authority or notless than its appraised value as determined by the state properties committeeat the time of the leasing or selling, by executing and delivering a lease ordeed thereof, which lease or deed shall be executed on behalf of the state bythe acquiring authority, approved as to substance by the director ofadministration, and approved as to form by the attorney general; provided,however, the person or persons in whom the title to the land or property orinterest therein was vested at the time it was acquired under the provisions ofthis chapter shall, if living, have the right to lease, purchase, or reinvesthim or herself or themselves, as the case may be, of the land or property orinterest therein before the property may be leased, sold, or conveyed asprovided by this section. A prior right shall be conclusively presumed to havebeen waived in the event that a written offer to lease, sell, or convey theproperty, containing the terms and conditions of the offer, shall be sent byregistered or certified mail to the last known address of the person orpersons, and the offer shall not have been accepted within thirty (30) daysfrom the date of the mailing. In the event the prior right to purchase or leasethe land or real property shall be waived by the person or persons in whom thetitle to the land or property or interest therein was vested, the city or townwherein the land or property is situated shall have the second right topurchase or lease the land and property upon the same terms and conditions asthe acquiring authority was willing to sell or lease the land or property tothe vested person or persons thereof. A second right to purchase or lease theland or property shall be conclusively presumed to have been waived in theevent a written offer to sell or lease the same, containing the terms of theoffer, shall have been sent by registered or certified mail to the city or townclerk, as the case may be, wherein the land and property are situated and theoffer shall not have been accepted within thirty (30) days from the date of themailing.
§ 37-7-3 Reconveyance, lease, or sale ofland acquired by condemnation. – Whenever in the opinion of the acquiring authority any land or other realproperty or interest therein taken by condemnation is no longer required forthe purpose for which it was taken, the acquiring authority, with the approvalof the state properties committee, may, with the consent of the person orpersons from whom the land, property, or interest was obtained, or their heirs,successors, or assigns, convey the property or any part thereof, with orwithout suitable restrictions, by executing and recording a deed thereof. Thedeed shall be executed on behalf of the state by the acquiring authority,approved as to substance by the director of administration, and approved as toform by the attorney general. The recorded deed shall thereby revest the titleto the land, property or interest therein to the persons, their heirs,successors, or assigns, in whom it was vested at the time of the taking, andthe fair market value of the land or property or interest therein so conveyedat the time of the conveyance shall be considered in mitigation of damages inany proceedings instituted on account of the taking. Or, the acquiringauthority, with the approval of the state properties committee, may lease orsell and convey the property, with or without suitable restrictions, forconsideration not less than that paid for it by the acquiring authority or notless than its appraised value as determined by the state properties committeeat the time of the leasing or selling, by executing and delivering a lease ordeed thereof, which lease or deed shall be executed on behalf of the state bythe acquiring authority, approved as to substance by the director ofadministration, and approved as to form by the attorney general; provided,however, the person or persons in whom the title to the land or property orinterest therein was vested at the time it was acquired under the provisions ofthis chapter shall, if living, have the right to lease, purchase, or reinvesthim or herself or themselves, as the case may be, of the land or property orinterest therein before the property may be leased, sold, or conveyed asprovided by this section. A prior right shall be conclusively presumed to havebeen waived in the event that a written offer to lease, sell, or convey theproperty, containing the terms and conditions of the offer, shall be sent byregistered or certified mail to the last known address of the person orpersons, and the offer shall not have been accepted within thirty (30) daysfrom the date of the mailing. In the event the prior right to purchase or leasethe land or real property shall be waived by the person or persons in whom thetitle to the land or property or interest therein was vested, the city or townwherein the land or property is situated shall have the second right topurchase or lease the land and property upon the same terms and conditions asthe acquiring authority was willing to sell or lease the land or property tothe vested person or persons thereof. A second right to purchase or lease theland or property shall be conclusively presumed to have been waived in theevent a written offer to sell or lease the same, containing the terms of theoffer, shall have been sent by registered or certified mail to the city or townclerk, as the case may be, wherein the land and property are situated and theoffer shall not have been accepted within thirty (30) days from the date of themailing.
§ 37-7-3 Reconveyance, lease, or sale ofland acquired by condemnation. – Whenever in the opinion of the acquiring authority any land or other realproperty or interest therein taken by condemnation is no longer required forthe purpose for which it was taken, the acquiring authority, with the approvalof the state properties committee, may, with the consent of the person orpersons from whom the land, property, or interest was obtained, or their heirs,successors, or assigns, convey the property or any part thereof, with orwithout suitable restrictions, by executing and recording a deed thereof. Thedeed shall be executed on behalf of the state by the acquiring authority,approved as to substance by the director of administration, and approved as toform by the attorney general. The recorded deed shall thereby revest the titleto the land, property or interest therein to the persons, their heirs,successors, or assigns, in whom it was vested at the time of the taking, andthe fair market value of the land or property or interest therein so conveyedat the time of the conveyance shall be considered in mitigation of damages inany proceedings instituted on account of the taking. Or, the acquiringauthority, with the approval of the state properties committee, may lease orsell and convey the property, with or without suitable restrictions, forconsideration not less than that paid for it by the acquiring authority or notless than its appraised value as determined by the state properties committeeat the time of the leasing or selling, by executing and delivering a lease ordeed thereof, which lease or deed shall be executed on behalf of the state bythe acquiring authority, approved as to substance by the director ofadministration, and approved as to form by the attorney general; provided,however, the person or persons in whom the title to the land or property orinterest therein was vested at the time it was acquired under the provisions ofthis chapter shall, if living, have the right to lease, purchase, or reinvesthim or herself or themselves, as the case may be, of the land or property orinterest therein before the property may be leased, sold, or conveyed asprovided by this section. A prior right shall be conclusively presumed to havebeen waived in the event that a written offer to lease, sell, or convey theproperty, containing the terms and conditions of the offer, shall be sent byregistered or certified mail to the last known address of the person orpersons, and the offer shall not have been accepted within thirty (30) daysfrom the date of the mailing. In the event the prior right to purchase or leasethe land or real property shall be waived by the person or persons in whom thetitle to the land or property or interest therein was vested, the city or townwherein the land or property is situated shall have the second right topurchase or lease the land and property upon the same terms and conditions asthe acquiring authority was willing to sell or lease the land or property tothe vested person or persons thereof. A second right to purchase or lease theland or property shall be conclusively presumed to have been waived in theevent a written offer to sell or lease the same, containing the terms of theoffer, shall have been sent by registered or certified mail to the city or townclerk, as the case may be, wherein the land and property are situated and theoffer shall not have been accepted within thirty (30) days from the date of themailing.
