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

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

Before a general public sealed bid opening, a legal notice must be published in a newspaper of general circulation in the county in which the subject tract is located once a week for three consecutive weeks. The sealed bid opening shall occur no less than 20 days after the last publication.

The successful bidder shall be determined solely on the basis of the highest conforming bid submitted.

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