Oklahoma § 61-327 - Procedures for disposal or lease of certain state-owned

§ 61-327. Procedures for disposal or lease of certain state-owned

real property.

A. Unless procedures for state agency real property

transactions are otherwise specifically provided for by law, no

state agency shall sell, lease, exchange, or otherwise dispose of

such real property subject to its jurisdiction, or lease, purchase

or otherwise acquire real property subject to its jurisdiction,

except as authorized by subsection L of this section and as

otherwise provided for in this section. As used in this section,

"state agency" means any department, board, commission, institution,

agency or entity of state government.

B. 1. Every state agency shall request the Office of

Management and Enterprise Services to dispose of real property upon:

a.

legislative authorization,

b.

authorization by the Long-Range Capital Planning

Commission, or

c.

a determination, in writing, by the Office of

Management and Enterprise Services or the state agency

Oklahoma Statutes - Title 61. Public Buildings and Public Works

that a parcel of real property subject to its

jurisdiction is no longer needed.

2. Upon the request of the state agency to dispose of real

property, the Office of Management and Enterprise Services shall

estimate the value of the property, and:

a.

for properties with an estimated value of greater than

Twenty-five Thousand Dollars ($25,000.00), obtain at

least one complete appraisal made by a person

certified by the Real Estate Appraiser Board of the

Oklahoma Insurance Department, who shall ascertain:

(1) the present fair value of the property,

(2) the present value of the improvements on such

property, and

(3) the actual condition of the improvements on the

property,

b.

after completion of the provisions of subsection L of

this section, cause notice of such sale to be

published for at least one (1) day in a newspaper of

general statewide circulation authorized to publish

legal notices, and weekly for three (3) consecutive

weeks in a newspaper of general circulation published

in the county or counties in which the property is

located. The notice shall contain the legal

description of each parcel of real property to be

offered for sale, the appraised value thereof, the

time and location of the sale or opening of the bids,

and terms of the sale including the fact that no

parcel of property shall be sold for less than ninety

percent (90%) of the appraised value of the real

property; provided, in lieu of such procedure, the

information may be published electronically on the

Office of Management and Enterprise Services' website

if the notice of sale and instructions on accessing

the public information are published in a newspaper of

general circulation in the county or counties in which

the property is located weekly for three (3)

consecutive weeks,

c.

offer the property through electronic auction, public

auction or sealed bids within three (3) weeks after

the last publication of the notice. The property

shall be sold to the highest bidder. The Office of

Management and Enterprise Services shall not accept a

bid of less than ninety percent (90%) of the average

appraised fair value of the property and the

improvements on such property,

d.

if the property is being disposed of in compliance

with Section 908 of Title 62 of the Oklahoma Statutes,

Oklahoma Statutes - Title 61. Public Buildings and Public Works

the Office may auction the property at public or

electronic auction provided proper public notice is

given in compliance with this section and the property

has been approved for liquidation by the Long-Range

Capital Planning Commission. The Office of Management

and Enterprise Services is authorized to reject all

bids,

e.

if the property has an estimated value of less than

Twenty-five Thousand Dollars ($25,000.00), the Office

of Management and Enterprise Services may establish

the value through market comparison and may dispose of

the property based on estimated value without

obtaining a certified appraisal; provided, however,

the sale shall comply with all other requirements of

statute, and

f.

if the property is landlocked, the Office of

Management and Enterprise Services may offer the

property through indirect sale to the adjacent

property owner for not less than ninety percent (90%)

of fair market value, as determined in compliance with

this section. All sales costs, including any required

surveys and appraisals, shall be at the expense of the

buyer.

3. The cost of the appraisal required by the provisions of this

section, together with other necessary expenses incurred pursuant to

this section, shall be paid by the state agency for which the real

property is to be sold from funds available to the state agency for

such expenditure. All monies received from the sale or disposal of

the property, except those monies necessary to pay the expenses

incurred pursuant to this section, shall be deposited in the

Maintenance of State Buildings Revolving Fund unless otherwise

provided by law.

4. The Office of Management and Enterprise Services may dismiss

from consideration any appraisal found to be incomplete or flawed.

C. Unless otherwise provided by law, the Office of Management

and Enterprise Services shall review and approve state agency real

property transactions. A state agency shall not lease or acquire

real property, or lease, dispose of or transfer state-owned real

property until the Office provides notice of transaction approval to

the state agency. Prior to approval, a state agency shall provide

documents to the Office and provide reference to statutory or other

legal authority of the state agency to lease or acquire real

property, or lease, dispose of or transfer state-owned real

property. If the state agency intends to lease or acquire real

property, the state agency shall state the intended use of the real

property, and shall provide the Office with required telework

documentation. Within thirty (30) days of receipt, the Office shall

Oklahoma Statutes - Title 61. Public Buildings and Public Works

provide notice of transaction approval or disapproval to the state

agency.

D. The provisions of this section shall not apply to the lease

of office space or real property subject to supervision of the

Commissioners of the Land Office or district boards of education.

E. 1. The Office of Management and Enterprise Services shall

maintain a comprehensive inventory of state-owned real property and

its use excluding property of the public schools and property

subject to the jurisdiction of the Commissioners of the Land Office.

2. Each state agency shall, within thirty (30) days of the

closing date for lands newly acquired, provide to the Office a list

of records, deeds, abstracts and other title instruments showing the

description of and relating to any and all such lands or interests

therein.

3. The provisions of paragraph 2 of this subsection shall apply

to all lands of public trusts having a state agency as the primary

beneficiary, but shall not apply to lands of municipalities,

counties, school districts, or agencies thereof, or Department of

Transportation rights-of-way.

4. A state agency that sells or otherwise disposes of land

shall notify the Office within thirty (30) days of the disposition

closing date.

F. This section shall not be construed to authorize any state

agency, not otherwise authorized by law, to sell, lease, or

otherwise dispose of any real property owned by the state.

G. The Office of Management and Enterprise Services and the

Secretary of the Commissioners of the Land Office, or designee, as

provided in subsection L of this section may provide services to

sell, transfer, trade or purchase real property for other state

agencies.

H. The Director of the Office of Management and Enterprise

Services shall, pursuant to the Administrative Procedures Act,

promulgate rules to effect procedures necessary to the fulfillment

of its responsibilities under this section.

I. The Oklahoma Ordnance Works Authority and its lands, and the

Northeast Oklahoma Public Facilities Authority, the Oklahoma

Historical Society, the Oklahoma Department of Transportation, the

Oklahoma Turnpike Authority and the Department of Wildlife managed

lands shall be exempt from the application of this section. The

Grand River Dam Authority and its lands shall be exempt from the

application of this section for any real property disposed of prior

to November 1, 2006.

J. Unless otherwise provided for by law, the procedures

established pursuant to this section for the sale or exchange of

real estate or personal property as authorized pursuant to Sections

2222 and 2223 of Title 74 of the Oklahoma Statutes shall be followed

unless the sale is to an entity of state government.

Oklahoma Statutes - Title 61. Public Buildings and Public Works

K. The Director of the Office of Management and Enterprise

Services shall contract with experts, professionals or consultants

as necessary to perform the duties of the Office. Selections shall

be made using the qualifications-based procedures established in

Section 62 of this title and the rules promulgated by the Director

for the selection of construction managers and design consultants.

L. 1. No state agency shall sell, lease, exchange, or

otherwise dispose of such real property subject to its jurisdiction,

or lease, purchase or otherwise acquire real property subject to its

jurisdiction, until such agency or the Office of Management and

Enterprise Services acting on the agency's behalf has presented to

the Secretary of the Commissioners of the Land Office, or designee,

all information collected pursuant to subparagraph a of paragraph 2

of subsection B of this section, and provided the Secretary of the

Commissioners of the Land Office or designee a twenty-calendar-day

period to provide a proposal for the acquisition or disposal of

applicable real property.

2. The Secretary of the Commissioners of the Land Office or

designee may decline to provide such a proposal; provided such

notice of decline is communicated to the Office of Management and

Enterprise Services in written or electronic form. Upon the

reception of such notice of decline by the Office of Management and

Enterprise Services, the twenty-calendar-day period otherwise

required by this subsection shall be deemed to have expired.

Added by Laws 1983, c. 304, § 181, eff. July 1, 1983. Amended by

Laws 1985, H.J.R. No. 1039, p. 1682, § 6, eff. Nov. 1, 1985; Laws

1997, c. 292, § 8, eff. July 1, 1997; Laws 1998, c. 203, § 9, emerg.

eff. May 11, 1998; Laws 2003, c. 372, § 17, eff. July 1, 2003; Laws

2005, c. 234, § 2, emerg. eff. May 26, 2005; Laws 2006, c. 271, §

36, eff. July 1, 2006; Laws 2012, c. 304, § 818; Laws 2013, c. 209,

§ 7, eff. July 1, 2013. Renumbered from § 129.4 of Title 74 by Laws

2013, c. 209, § 39, eff. July 1, 2013. Amended by Laws 2014, c.

286, § 7, eff. Nov. 1, 2014; Laws 2016, c. 309, § 2, emerg. eff. May

16, 2016; Laws 2019, c. 204, § 2, eff. Nov. 1, 2019; Laws 2021, c.

483, § 1, eff. Nov. 1, 2021; Laws 2022, c. 238, § 47, eff. Nov. 1,

2022.