Title 36, Chapter 9, Section 3
( 36-9-3)
(a)(1) Except as otherwise provided in this Code section, the
governing authority of any county disposing of any real property
of such county 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 county shall have the right to
reject any and all bids or cancel any proposed sale. The governing
authority of the county shall cause notice to be published once in
the official legal organ of the county 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 legal description of
the property to be sold. 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. (2) This subsection shall not apply to: (A) Redemption of property held by any county under a tax deed; the granting of easements and rights of way; the sale, conveyance, or transfer of road rights of way; the sale, transfer, or conveyance to any other body politic; and any sale, transfer, or conveyance to a nonprofit corporation in order to effectuate a lease-purchase transaction pursuant to Code Section 36-60-13; (B) Any option to sell or dispose of any real property belonging
to any county of this state if that option was granted by said
county prior to March 17, 1959; (C) The sale of any real property belonging to any county in
this state where the proper governing authority of the county
advertised the property for ten consecutive days in the
newspaper in which the sheriff's advertisements for the county
are published, and where the sale was awarded thereafter to the
highest and best bidder, in accordance with the terms of the
advertisement, and an option given in accordance with the sale
for the purchaser who had deposited a part of the purchase price
to pay the balance within 365 days from the date of the
execution of the option, where the sale was awarded and the
option granted prior to May 1, 1961; or (D) The exchange of real property belonging to any county in
this state 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 county; 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
county once a week for four weeks. The value of both the
property belonging to the county 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
county. (b) In any county of the state having a population of 550,000 or
more according to the United States decennial census of 1980 or any
future such census, where the governing authority thereof has
established or constituted an advisory commission, board, or
authority to study and make recommendations for the future
development, use, and sale of county owned property, the governing
authority of such county shall have the right, with the advice and
approval of such commission, board, or authority, to negotiate and
consummate a private sale of any county owned property,
notwithstanding the provisions of subsection (a) of this Code
section. Where there is no commission, board, or authority
established in such county for the particular class or type of
property, the governing authority of such county shall nevertheless
have the right to negotiate a private sale of any county owned
property with the advice and approval of the grand jury. (c)(1) Any county governing authority and the governing authority
of any consolidated government may sell, grant, lease, rent,
convey, or transfer any real property owned by the county or
consolidated government, including real property dedicated or used
as a park or recreation area, to the local board of education or
other public educational institution for use as a site for a
public school or other educational purpose. Any county governing
authority and the governing authority of any consolidated
government may sell, grant, convey, or transfer to the local board
of education or other public educational institution licenses,
easements, or lesser interests in such real property owned by the
county or the consolidated government, including real property
dedicated or used as a park or recreation area for such purposes.
A county governing authority and the governing authority of any
consolidated government are authorized to exchange real property,
including real property dedicated or used as a park or recreation
area, with the local board of education or other public
educational institution for other real property for such purposes.
Such a sale, grant, lease, rental, conveyance, or transfer may be
made by negotiation between the governing authority and local
board of education or other public educational institution without
advertisement, bidding, auction, notice, publication, or
referendum. This subsection shall not be construed to abrogate or
impair any reverter provision or other condition of a sale, grant,
conveyance, or transfer of real property to a county governing
authority or governing authority of a consolidated government. (2) Prior to executing any sale, grant, lease, rental, conveyance,
or transfer pursuant to the provisions of paragraph (1) of this
subsection, the governing authority proposing such action shall
hold a public hearing in the immediate vicinity of the affected
property. Such hearing shall be advertised by posting conspicuous
notice at the place of the hearing and at the affected property.
The governing authority shall have at least one representative at
the public hearing to receive the comments and concerns expressed
and to report such comments and concerns to the governing
authority. (3) After the public hearing provided in paragraph (2) of this
subsection but before the action proposed under paragraph (1) of
this subsection, the governing authority proposing the action
shall hold at least one meeting to discuss the transaction in
light of the comments and concerns expressed at the public
hearing. (d) Notwithstanding subsection (a) of this Code section, where the
governing authority has, prior to March 1, 1987, approved and
recommended the sale or disposal of county owned real property
containing an area of less than 20,000 square feet, the governing
authority shall have the right to negotiate and consummate a private
sale of such property, provided such sale is for at least the fair
market value of the property. Notice of the intention of the county
governing authority to make a private sale shall be published once a
week for four weeks in the official organ of the county. (e) Notwithstanding subsection (a) of this Code section, where the
governing authority has prescribed a system of recreational
set-asides where developers are required to set aside a certain
amount of property in each new subdivision for recreational purposes
and where those recreational set-asides have been conveyed to the
county governing authority at no cost to the county, the county
governing authority shall have the right to negotiate and consummate
a private sale of such property to a homeowners' association
representing the majority of property owners in the subdivision
where the recreational set-aside property is located, provided that
the use of the property shall be for recreational purposes for a
period of not less than five years from the date of the sale.
Notice of intention of the county governing authority to make a
private sale shall be published once a week for four weeks in the
official organ of the county. (f) Notwithstanding any provision of this Code section to the
contrary or any other provision of law or ordinance to the contrary,
whenever any county determines that the establishment of a facility
of the state or one of its authorities or other instrumentalities
would be of benefit to the county, 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
county may sell or grant any of its real or personal property to the
state or to any of its authorities or instrumentalities 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. (g)(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 county 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 county 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 county 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 county shall notify the owner of such property at the time of
its acquisition or, if the tract from which the county acquired
its property has been subsequently sold, shall notify the owner of
abutting land holding title through the owner from whom the county
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 county where the property
is located. (4) When an entire parcel acquired by the county 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 county decides the property
is no longer needed. (5) If the right of acquisition is not exercised within 60 days
after due notice, the county shall proceed to sell such property
as provided in subsection (a) of this Code section. The county
shall thereupon have the right to reject any and all bids, in its
discretion, to readvertise, or to abandon the sale. (h) Notwithstanding any provision of this Code section or of any
other law, ordinance, or resolution to the contrary, a county
governing authority is authorized to sell and convey parcels of
small or 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 land use plans, 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. |