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Section 3: Sale of Site and Any Improvements No Longer Needed for a State Highway Purpose to a GE

Overview

Note: The Right of Way Manual provides guidance for disposition of property interests that have been determined by a District Engineer to be no longer needed for state highway purposes. Unless otherwise stated, procedures outlined below apply to property interests that are no longer needed for state highway purposes.

The department should contact identified governmental entities to determine if any of these entities need the site. The department’s letter should state that these entities will have thirty days to notify the department if they are interested in purchasing the site. If only one of these entities needs the site, then the department will proceed with the sale of the site and any improvements. If more than one of these entities is interested in purchasing the site, the property can be sold through a sealed bid process between entities.

If the site was donated to the state by one of these entities, they have priority to purchase the site.

If none of the entities is interested in purchasing the site, the property will be sold by advertising and receiving sealed bids (see Sealed Bid Sales) from the general public. The entities can bid on the site under this procedure.

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Appraisal and Recommended Value

To initiate project setup in ROWIS, use the SOP "Project Release for Real Property Disposition and Leasing".

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Department Written Recommendation

The District Engineer’s written recommendation to the ROW program office in Austin must include:

  • statement that the site is not needed for a state highway purpose and recommending the sale
  • a copy of MNT’s written concurrence in the proposed sale
  • a copy of the original conveyance document(s) to the state
  • a description of the land, which is either a metes and bounds description on letter-size paper signed and sealed by a Registered Professional Land Surveyor, including a preamble citing the original conveyance(s) to the state with the recording information, or, if the land doesn’t need to be surveyed, a reference description of the recording information for the original conveyance(s) to the state
  • a letter-size survey plat prepared by a Registered Professional Land Surveyor. The plat should show the site boundaries, including metes and bounds; north arrow; scale; legend; existing driveways; control of access (if applicable); and any existing drainage structures or utility lines.
  • a letter-size area location map with north arrow
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Resolution from GE

The department obtains a resolution from the GE authorizing the purchase of the site and any improvements for the approved value.

The department forwards the resolution to the ROW program office in Austin.

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Conveyance of Property

The ROW program office in Austin will:

  • Prepare and submit a minute order for the Commission to consider the sale and conveyance of the site and any improvements.
  • Prepare the appropriate conveyance document.
  • Send the document to the Executive Director for signature if the sale amount is $10,000 or less.
  • If the sale amount is more than $10,000, the Executive Director will concur by signing the document. The ROW program office in Austin will forward it to the Attorney General for review and signature.
  • The Attorney General signs the document and forwards it to the Governor’s General Counsel for review.
  • The Governor and the Secretary of State sign the document, and it is returned to the ROW program office in Austin.
  • Notify the purchaser to send funds for purchase to the Finance Division (FIN) for deposit into the state highway fund.
  • After FIN notifies the ROW program office in Austin that the funds have been deposited, the ROW program office in Austin sends the document to the department contact for recording and delivery to the purchaser.
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Completion of Transaction

After the department receives the recorded conveyance document, follow the procedures outlined under Closing Procedures and Map Notations in Chapter 1.

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