Title 32, Chapter 7, Section 4
( 32-7-4)
(a)(1) In disposing of property, as authorized under Code Section 32-7-3, the department, a county, or a municipality shall notify the owner of such property at the time of its acquisition or, if the tract from which the department, a county, or a municipality acquired its property has been subsequently sold, shall notify the owner of abutting land holding title through the owner from whom the department, a county, or a municipality acquired its property. The notice shall be in writing delivered to the appropriate owner or by publication if his address is unknown; and he shall have the right to acquire, as provided in this subsection, the property with respect to which the notice is given. Publication, if necessary, shall be in a newspaper of general circulation in the county where the property is located. (2) When an entire parcel acquired by the department, a county, or
a municipality, or any interest therein is being disposed of, it
may be acquired under the right created in paragraph (1) of this
subsection at such price as may be agreed upon, but in no event
less than the price paid for its acquisition. When only remnants
or portions of the original acquisition are being disposed of,
they may be acquired for the market value thereof at the time the
department, county, or municipality decides the property is no
longer needed. (3) If the right of acquisition is not exercised within 60 days
after due notice, the department, county, or municipality may
proceed to sell such property as provided in subsection (b) of
this Code section. (b)(1)(A) Unless a sale of the property is made pursuant to
paragraph (2) or (3) of this subsection, such sale shall be made
to the bidder submitting the highest of the sealed bids received
after public advertisement for such bids for two weeks. The
department or the county or municipality shall have the right to
reject any and all bids, in its discretion, to readvertise, or
to abandon the sale. (B) Such public advertisement shall be inserted once a week in
such newspapers or other publication, or both, as will ensure
adequate publicity, the first insertion to be at least two weeks
prior to the opening of bids, the second to follow one week
after the first publication. Such advertisement shall include
but not be limited to the following items: (i) A description sufficient to enable the public to identify
the property; (ii) The time and place for submission and opening of sealed
bids; (iii) The right of the department or the county or
municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county
or municipality may deem advisable as in the public interest.
(2)(A) Such sale of property may be made by a county or
municipality by listing the property through a real estate
broker licensed under Chapter 40 of Title 43 who has a place of
business located in the county where the property is located or
outside the county if no such business is located in the county
where the property is located. Property shall be listed for a
period of at least three months. Such property shall not be
sold at less than its fair market value. All sales shall be
approved by the governing authority of the county at a regular
meeting and shall be open to the public at which meeting public
comments shall be allowed regarding such sale. (B) Commencing at the time of the listing of the property as
provided in subparagraph (A) of this paragraph, the county or
municipality shall provide for a notice to be inserted once a
week for two weeks in the legal organ of the county indicating
the names of real estate brokers listing the property for the
political subdivision. The county or municipality may advertise
in magazines relating to the sale of real estate or similar
publications. (C) The county or municipality shall have the right to reject
any and all offers, in its discretion, and to sell such property
pursuant to the provisions of paragraph (1) of this subsection. (3)(A) Such sale of property may be made by a county or
municipality to the highest bidder at a public auction conducted
by an auctioneer licensed under Chapter 6 of Title 43. Such
property shall not be sold at less than its fair market value. (B) The county or municipality shall provide for a notice to be
inserted once a week for the two weeks immediately preceding the
auction in the legal organ of the county including, at a
minimum, the following items: (i) A description sufficient to enable the public to identify
the property; (ii) The time and place of the public auction; (iii) The right of the department or the county or
municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county
or municipality may deem advisable as in the public interest. The county or municipality may advertise in magazines relating
to the sale of real estate or similar publications. (C) The county or municipality shall have the right to reject
any and all offers, in its discretion, and to sell such property
pursuant to the provisions of paragraph (1) of this subsection. (c) Any conveyance of property shall require the approval of the
department, county, or municipality, by order of the commissioner on
behalf of the department and, in the case of a county or
municipality, by resolution, to be recorded in the minutes of its
meeting. If the department or the county or municipality approves a
sale of property, the commissioner, chairman, or presiding officer
may execute a quitclaim deed conveying such property to the
purchaser. All proceeds arising from such sales shall be paid into
and constitute a part of the funds of the seller. |