08 SB444/AP
Senate
Bill 444
By:
Senators Pearson of the 51st, Mullis of the 53rd, Stoner of the 6th, Williams of
the 19th and Seay of the 34th
AS
PASSED
AN
ACT
To
amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to
the procedure for disposition of property not needed for public road purposes,
so as to allow the Department of Transportation to more readily dispose of
surplus property; to provide for related matters; to provide for an effective
date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 32-7-4 of the Official Code of Georgia Annotated, relating to the
procedure for disposition of property not needed for public road purposes, is
revised to read as follows:
"32-7-4.
(a)(1)
In disposing of property, as authorized under Code Section 32-7-3, the
department, a county, or a municipality shall notify the owner of such property
at the time of its acquisition or, if the tract from which the department, a
county, or a municipality acquired its property has been subsequently sold,
shall notify the owner of abutting land holding title through the owner from
whom the department, a county, or a municipality acquired its property. The
notice shall be in writing delivered to the appropriate owner or by publication
if his or her address is unknown; and he or she 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. If, after a search of the land and
probate records, the address of any interested party cannot be found, an
affidavit stating such facts and reciting the steps taken to establish the
address of any such person shall be placed in the department, county, or
municipal records and shall be accepted in lieu of service of notice by mailing
the same to the last known address of such person. After properly completing
and filing such affidavit, the department, county, or municipality may dispose
of the property in accordance with the provisions of subsection (b) of this Code
section.
(2)(A)
When an entire parcel acquired by the department, a county, or a municipality,
or any interest therein, is being disposed of, it may be acquired under the
right created in paragraph (1) 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 department, county, or
municipality decides the property is no longer needed. The department shall use
a real estate appraiser with knowledge of the local real estate market who is
licensed in Georgia and not an employee of the department to establish the fair
market value of the property prior to listing such property.
(B)
The provisions of subparagraph (A) of this paragraph notwithstanding, if the
value of the property is $30,000.00 or less as determined by department
estimate, the department, county, or municipality may negotiate the
sale.
(3)
If the right of acquisition is not exercised within 60 days after due notice,
the department, county, or municipality may proceed to sell such property as
provided in subsection (b) of this Code section.
(4)
When the department, county, or municipality in good faith and with reasonable
diligence attempted to ascertain the identity of persons entitled to notice
under this Code section and mailed such notice to the last known address of
record of those persons or otherwise complied with the notification requirements
of this Code section, the failure to in fact notify those persons entitled
thereto shall not invalidate any subsequent disposition of property pursuant to
this Code section.
(b)(1)(A)
Unless a sale of the property is made pursuant to paragraph (2) or (3) of this
subsection, such sale shall be made to the bidder submitting the highest of the
sealed bids received after public advertisement for such bids for two weeks. If
the highest of the sealed bids received is less than but within 15 percent of
the established market value, the department may accept that bid and convey the
property in accordance with the provisions of subsection (c) of this Code
section. The department or the county or municipality shall have the right to
reject any and all bids, in its discretion, to readvertise, or to abandon the
sale.
(B)
Such public advertisement shall be inserted once a week in such newspapers or
other publication, or both, as will ensure adequate publicity, the first
insertion to be at least two weeks prior to the opening of bids, the second to
follow one week after the first publication. Such advertisement shall include
but not be limited to the following items:
(i)
A description sufficient to enable the public to identify the
property;
(ii)
The time and place for submission and opening of sealed bids;
(iii)
The right of the department or the county or municipality to reject any one or
all of the bids;
(iv)
All the conditions of sale; and
(v)
Such further information as the department or the county or municipality may
deem advisable as in the public interest.
(2)(A)
Such sale of property may be made by a county or municipality by listing the
property through a real estate broker licensed under Chapter 40 of Title 43 who
has a place of business located in the county where the property is located or
outside the county if no such business is located in the county where the
property is located. Property shall be listed for a period of at least three
months. Such property shall not be sold at less than its fair market value.
The department shall use a real estate appraiser with knowledge of the local
real estate market who is licensed in Georgia and not an employee of the
department to establish the fair market value of the property prior to listing
such property. All sales shall be approved by the governing authority of the
county at a regular meeting and shall be open to the public at which meeting
public comments shall be allowed regarding such sale.
(B)
Commencing at the time of the listing of the property as provided in
subparagraph (A) of this paragraph, the county or municipality shall provide for
a notice to be inserted once a week for two weeks in the legal organ of the
county indicating the names of real estate brokers listing the property for the
political subdivision. The county or municipality may advertise in magazines
relating to the sale of real estate or similar publications.
(C)
The county or municipality shall have the right to reject any and all offers, in
its discretion, and to sell such property pursuant to the provisions of
paragraph (1) of this subsection.
(3)(A)
Such sale of property may be made by a county or municipality to the highest
bidder at a public auction conducted by an auctioneer licensed under Chapter 6
of Title 43. Such property shall not be sold at less than its fair market
value.
(B)
The county or municipality shall provide for a notice to be inserted once a week
for the two weeks immediately preceding the auction in the legal organ of the
county including, at a minimum, the following items:
(i)
A description sufficient to enable the public to identify the
property;
(ii)
The time and place of the public auction;
(iii)
The right of the department or the county or municipality to reject any one or
all of the bids;
(iv)
All the conditions of sale; and
(v)
Such further information as the department or the county or municipality may
deem advisable as in the public interest.
The
county or municipality may advertise in magazines relating to the sale of real
estate or similar publications.
(C)
The county or municipality shall have the right to reject any and all offers, in
its discretion, and to sell such property pursuant to the provisions of
paragraph (1) of this subsection.
(c)
Any conveyance of property shall require the approval of the department, county,
or municipality, by order of the commissioner on behalf of the department and,
in the case of a county or municipality, by resolution, to be recorded in the
minutes of its meeting. If the department or the county or municipality
approves a sale of property, the commissioner, chairperson, or presiding officer
may execute a quitclaim deed conveying such property to the purchaser. All
proceeds arising from such sales shall be paid into and constitute a part of the
funds of the seller."
SECTION
2.
This
Act shall become effective on July 1, 2008.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.