Title 36, Chapter 37, Section 6
( 36-37-6)
(a) Except as otherwise provided in subsections (b) through (i) of
this Code section, the governing authority of any municipal
corporation disposing of any real or personal property of such
municipal corporation shall make all such sales to the highest
responsible bidder, either by sealed bids or by auction after due
notice has been given. Any such municipal corporation shall have
the right to reject any and all bids or to cancel any proposed sale.
The governing authority of the municipal corporation shall cause
notice to be published once in the official legal organ of the
county in which the municipality is located or in a newspaper of
general circulation in the community, not less than 15 days nor more
than 60 days preceding the day of the auction or, if the sale is by
sealed bids, preceding the last day for the receipt of proposals.
The legal notice shall include a general description of the property
to be sold if the property is personal property or a legal
description of the property to be sold if the property is real
property. If the sale is by sealed bids, the notice shall also
contain an invitation for proposals and shall state the conditions
of the proposed sale, the address at which bid blanks and other
written materials connected with the proposed sale may be obtained,
and the date, time, and place for the opening of bids. If the sale
is by auction, the notice shall also contain the conditions of the
proposed sale and shall state the date, time, and place of the
proposed sale. Bids received in connection with a sale by sealed
bidding shall be opened in public at the time and place stated in
the legal notice. A tabulation of all bids received shall be
available for public inspection following the opening of all bids.
All such bids shall be retained and kept available for public
inspection for a period of not less than 60 days from the date on
which such bids are opened. The provisions of this subsection shall
not apply to any transactions authorized in subsections (b) through
(i) of this Code section. (b) The governing authority of any municipal corporation is
authorized to sell personal property belonging to the municipal
corporation which has an estimated value of $500.00 or less and lots
from any municipal cemetery, regardless of value, without regard to
subsection (a) of this Code section. Such sales may be made in the
open market without advertisement and without the acceptance of
bids. The estimation of the value of any such personal property to
be sold shall be in the sole and absolute discretion of the
governing authorities of the municipal corporation or their
designated agent. (c) Nothing in this Code section shall prevent a municipal
corporation from trading or exchanging real property belonging to
the municipal corporation for other real property where the property
so acquired by exchange shall be of equal or greater value than the
property previously belonging to the municipal corporation;
provided, however, that within six weeks preceding the closing of
any such proposed exchange of real property, a notice of the
proposed exchange of real property shall be published in the
official organ of the municipal corporation once a week for four
weeks. The value of both the property belonging to the municipal
corporation and that to be acquired through the exchange shall be
determined by appraisals and the value so determined shall be
approved by the proper authorities of said municipal corporation.
(d) The governing authority of any municipal corporation is
authorized to sell real property in established municipal industrial
parks or in municipally designated industrial development areas for
industrial development purposes without regard to subsection (a) or
(b) of this Code section. (e)(1) This Code section shall not apply to any municipal
corporation which has a municipal charter provision setting forth
procedures for the sale of municipal property and existing as of
January 1, 1976, so long as such charter provision thereafter
remains unchanged and as long as such charter provision contains
the minimum notice requirements as set forth in subsection (a) of
this Code section. (2) This Code section shall not apply to the disposal of property: (A) Which is acquired by deed of gift, will, or donation and is
subject to such conditions as may be specified in the instrument
giving or donating the property; (B) Which is received from the United States government or from
this state pursuant to a program which imposes conditions on the
disposal of such property; (C) Which is disposed of pursuant to the powers granted in
Chapter 61 of this title, the "Urban Redevelopment Law," or a
homesteading program; (D) Which is sold or transferred to another governing authority
or government agency for public purposes; or (E) Which is no longer needed for public road purposes and which is disposed of pursuant to Code Section 32-7-4. (f) Notwithstanding any provision of this Code section or of any
other law or any ordinance to the contrary, the governing authority
of any municipal corporation is authorized to sell real property
within its corporate limits for museum purposes to either a public
authority or a nonprofit corporation which is classified as a public
foundation (not a private foundation) under the United States
Internal Revenue Code, for the purpose of building, erecting, and
operating thereon a museum or facility for the development or
practice of the arts. Such sale may be made in the open market or
by direct negotiations without advertisement and without the
acceptance of bids. The estimation of the value of any property to
be sold shall be in the sole and absolute discretion of the
governing authority of the municipality or its designated agent;
provided, however, that nothing shall prevent a municipality from
trading or swapping property with another property owner if such
trade or swap is deemed to be in the best interest of the
municipality. (g) Notwithstanding any provision of this Code section or of any
other law or ordinance to the contrary, the governing authority of
any municipal corporation is authorized to sell and convey parcels
of narrow strips of land, so shaped or so small as to be incapable
of being used independently as zoned or under applicable subdivision
or other development ordinances, or as streets, whether owned in fee
or used by easement, to abutting property owners where such sales
and conveyances facilitate the enjoyment of the highest and best use
of the abutting owner's property without first submitting the sale
or conveyance to the process of an auction or the solicitation of
sealed bids; provided, however, that each abutting property owner
shall be notified of the availability of the property and shall have
the opportunity to purchase said property under such terms and
conditions as set out by ordinance. (h) Notwithstanding any provision of this Code section to the
contrary or any other provision of law or ordinance to the contrary,
whenever any municipal corporation determines that the establishment
of a facility of the state or one of its authorities or other
instrumentalities or of a bona fide nonprofit resource conservation
and development council would be of benefit to the municipal
corporation, by way of providing activities in an area in need of
redevelopment, by continuing or enhancing local employment
opportunities, or by other means or in other ways, such municipal
corporation may sell or grant any of its real or personal property
to the state or to any of its authorities or instrumentalities or to
a bona fide nonprofit resource conservation and development council
and, further, may sell or grant such lesser interests, rental
agreements, licenses, easements, and other dispositions as it may
determine necessary or convenient. These powers shall be cumulative
of other powers and shall not be deemed to limit their exercise in
any way. (i)(1) As used in this subsection, the term "lake" means an
impoundment of water in which at least 1,000 acres of land were to
be submerged. (2) Notwithstanding any provision of this Code section or any
other law to the contrary, whenever any municipality has acquired
property for the creation or development of a lake, including but
not limited to property the acquisition of which was reasonably
necessary or incidental to the creation or development of that
lake, and the governing authority of such municipality thereafter
determines that all or any part of the property or any interest
therein is no longer needed for such purposes because of changed
conditions, that municipality is authorized to dispose of such
property or interest therein as provided in this subsection. (3) In disposing of property, as authorized under this subsection,
the municipality shall notify the owner of such property at the
time of its acquisition or, if the tract from which the
municipality acquired its property has been subsequently sold,
shall notify the owner of abutting land holding title through the
owner from whom the municipality acquired its property. The
notice shall be in writing delivered to the appropriate owner or
by publication if such owner's address is unknown; and such owner
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 municipality where the property is located. (4) When an entire parcel acquired by the municipality or any
interest therein is being disposed of, it may be acquired under
the right created in paragraph (3) 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 municipality decides
the property is no longer needed. (5) If the right of acquisition is not exercised within 60 days
after due notice, the municipality shall proceed to sell such
property as provided in subsection (a) of this Code section. The
municipality shall thereupon have the right to reject any and all
bids, in its discretion, to readvertise, or to abandon the sale. |