Idaho § 58-332 - Disposal of surplus real property

§ 58-332. Disposal of surplus real property

(1) Upon transfer to it of such surplus real property the state board of land commissioners shall ascertain if such property is suitable for other state use, and if it is, then control and custody thereof shall be relinquished by the board to the agency which can make best use of the property. Such disposition may be by negotiated sale or exchange; provided, however, that such negotiated sales, transfers, or exchanges shall be for adequate and valuable consideration.

(2) If no state agency acquires the surplus property, the board may dispose of the surplus property to any tax-supported agency or unit of the state of Idaho or the United States other than the state of Idaho or its agencies. Such disposition may be by negotiated sale or exchange; provided however, that such negotiated sales, transfers or exchanges shall be for adequate and valuable consideration.

(a) In the event of such contemplated sale, transfer or exchange the state board of land commissioners shall cause to be published a notice of such contemplated sale, transfer or exchange, setting out in full the description of the property concerned, both as to what is being offered and what is to be received, and the proposed use of the property by the tax-supported unit which proposes to acquire such property.

(b) Such notice shall be published in a newspaper published in the county in which the property is situate for four (4) consecutive weeks prior to a certain fixed date therein, designating a time and place for public hearing in the matter.

(c) The state board of land commissioners shall determine at the next regularly scheduled meeting subsequent to such hearing as to acceptance or rejection of such proposed sale, transfer or exchange, and if accepted, the tax-supported unit shall thereafter have sixty (60) days in which to accept or reject the proffer, following such decision.

(d) If such negotiations fail, then the property may be subject to public sale as set forth in this section.

(3) If no tax-supported agency or unit of the state of Idaho or the United States acquires the surplus property, the state board of land commissioners may offer at public sale, after notice of publication for four (4) consecutive weeks in a newspaper published in the county in which the property is situate, and sell the same to the highest and best bidder upon terms and conditions to be determined by the board and specified in the notice of sale. If the property does not sell at public auction, the board may have the property appraised and enter into negotiations with any party(s) to effect disposition of the property for adequate and valuable consideration. Sale may be by any method that will help dispose of the property including, but not limited to, direct negotiations with interested parties, use of advertising, hiring real estate agents and public auction.

(4) In all cases, the compensation received by the board for the sale of surplus property shall be returned to the agency which declared the property surplus to be placed in such account as may be appropriate. The board may deduct the costs of the sale from any proceeds before transmitting the proceeds back to the agency which declared the property surplus.

[58-332, added 1951, ch. 223, sec. 2, p. 452; am. 1971, ch. 48, sec. 1, p. 104; am. 1986, ch. 113, sec. 1, p. 305; am. 2000, ch. 305, sec. 2, p. 1041.]