Current through Register Vol. XLI, No. 50, December 13, 2024
Section 157-2-4 - Public Sale of Excess Real Property4.1. Public sales of excess real property shall be in accordance with this section. In conformity with state and federal law, all property shall be sold in a manner which will bring the highest and best price.4.2. Auction. -- Excess real property, or any interest or right therein or structure thereon, not purchased by an abutting landowner or public body in a negotiated sale or which was not acquired for use, or used, as a highway, shall be sold at public auction in the county in which the real property, or the greater part by value, is located. Such sale shall be made as provided by law and this rule. Conveyance of real property by the Division of Highways to other public bodies may be handled on a negotiated basis. Any public body which requires the Division of Highways to purchase real property for highway purposes at fair market value shall be required to purchase excess real property from the Division of Highways at fair market value. Such conveyances are subject to the approval of the Board of Public Works.4.3. Published Notice of Auction. -- Notice of public auction of excess real property shall be published on three different days in a newspaper of general circulation in the county in which the real property, or a part thereof, is situate. 4.3.a. The first publication of the notice shall be at least 20 days prior to the date of the public sale.4.3.b. The notice shall set forth the time, place, date and terms of the proposed sale and a general description of the real property to be offered for sale.4.3.c. The notice shall clearly state that the Division of Highways reserves the right to reject any or all bids received at a sale.4.3.d. An affidavit of publication of notice, or a copy of the published notice, shall be obtained and filed with the Right of Way Division Office.4.4. Conduct of Auctions. -- The Relocation and Property Management Section Manager, or his or her designee shall conduct, or cause to be conducted, the public auction at the time and place specified in the notice. Another person appointed by the Relocation and Property Management Section Manager, or his or her designee, shall act as clerk and record the high bid and the name and address of the high bidder. The clerk shall also receive any monies paid at the time of sale and give a receipt therefor to the highest bidder. The Relocation and Property Management Section Manager, or his or her designee, shall promptly forward the results of the auction, a copy of the receipt, a cashier's or certified check payable to the Division of Highways for all money received, and his or her recommendations to the Director of the Right of Way Division.4.5. Closing Sales of Real Property. -- If the sale is approved by the Right of Way Division and the Commissioner of Highways, an executed quitclaim deed shall be forwarded to the District Office for completion of the transaction. The District Right of Way Manager shall collect any balance of money due in the form of a cashier's or certified check prior to the delivery of the executed quitclaim deed. Any monies so received shall be promptly forwarded to the Director of the Right of Way Division. The Relocation and Property Management Section Manager, or his or her designee will submit a funds transmittal letter and the cashier's or certified check, to the Accounts Receivable Section of the Finance Division. The District Right of Way Manager shall send the Director of the Right of Way Division a copy of the recorded deed.