Okla. Admin. Code § 155:15-1-13

Current through Vol. 42, No. 4, November 1, 2024

Section 155:15-1-13 - Disposition of lands

(a) Prior to the disposition of any land acquired under 155:15-1-9, the Commission shall publish a notice of proposed land disposition, hold public hearings, and make written findings in accordance with the authority contained in section 407(g)(2) of SMCRA.

(b) Prior to disposition of any acquired land the Commission shall:

(1) Publish a notice that describes the proposed disposition of the land in a newspaper of general circulation in the area where the land is located for a minimum of four successive weeks. The notice shall provide at least thirty (30) days for public comment and state where copies of plans for disposition of the land may be obtained or reviewed and the address to which comments on the plans should be submitted. The notice shall also state that a public hearing will be held.

(2) Schedule such hearings at a time and place that affords local citizens and governments the maximum opportunity to participate. The time and place of the hearing shall be announced in a newspaper of general circulation in the area in which the land is located at least thirty (30) days before the hearing.

(3) Make a written finding that the proposed disposition is appropriate considering all comments received and consistent with any local, State, or Federal laws or regulations that apply.

(c) The Commission may transfer title or administrative responsibility for land acquired under this part to any agency or political subdivision of the State with or without cost to that agency. The agreement, including amendments, under which a transfer is made shall specify:

(1) The purposes for which the land may be used consistent with the authorization under which the land was acquired.

(2) The administrative responsibility for the land will revert to the Commission if, at any time in the future, the land is not used for the purpose specified.

(d) The Commission, with the approval of the Oklahoma Legislature, may transfer title to abandoned and unreclaimed land to the United States to be reclaimed and administered by the Office, and maintain a preference right to the purchase of such land from the Office after reclamation is completed. The price shall be the fair market value of the land in its reclaimed condition less any portion of the land acquisition price paid by the Commission.

(e) The Commission may sell land acquired under this part by public sale if such land is suitable for industrial, commercial, residential, or recreational development and if such development is consistent with local, State, or Federal land use plans for the area in which the land is located.

(1) Land shall be sold by public sale only if it is found that retention by the State, or disposal under other paragraphs of this section, is not in the public interest. Disposal procedures will be in accordance with Section 407(g) of SMCRA and applicable State requirements.

(2) Land shall be sold for not less than fair market value under a system of competitive bidding that includes at a minimum:

(A) Publication of a notice once a week for four weeks in a newspaper of general circulation in the locality in which the land is located. The notice shall describe the land to be sold, state the appraised value, state any restrictive covenants that will be a condition of the sale, and state the time and place of the sale.

(B) Provisions for sealed bids to be submitted prior to the sale date followed by an oral auction open to the public.

(f) All moneys received from disposal of land under this section shall be deposited in the Fund.

Okla. Admin. Code § 155:15-1-13

Amended at 27 Ok Reg 2473, eff 8-2-10