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Section 7: Sale of Right of Way (Fee Simple) No Longer Needed for a State Highway Purpose by Sealed Bid

Sale by Sealed Bid

Right of way no longer needed for a state highway purpose may be sold by sealed bid to the general public:

  • if the tract of land owned in fee simple by the state is surrounded by public roads and other right of way, or
  • if the appropriate governmental entities with condemnation power and the abutting landowners do not exercise their priority right to purchase the right of way.

The minimum bid shall be no less than the price offered to the GE’s and/or the abutting landowners during their priority purchase periods.

In this type of sealed bid sale (see Sealed Bid Sales), the department must confirm that any property interests of abutting private property owners are not interfered with, especially access to the highway facility.

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