R23-22-7. Determination of Surplus Real Property

  (1) In accordance with State law, DFCM may recommend that certain real property be declared as surplus.

  (2) If DFCM estimates that the value of the real property is less than $100,000, then DFCM need only notify the Executive Director of the Department of Administrative Services prior to any declaration of surplus or disposition of the real property. DFCM shall also consult with the State Historic Preservation Office prior to any such declaration or disposition if the property is historically significant.

  (3) If DFCM estimates that the value of the real property is $100,000 or more, then the DFCM shall notify the Director of the Department of Administrative Services as well as the staff of the Board, as well as receive approval from the Board prior to any declaration of surplus or disposition of the real property. The Board may declare the property surplus after considering the following:

  (a) the recommendation and any comments by the Division;

  (b) the input from state agencies and institutions, including, but not limited to, whether any State agency or institution has a need for the subject property;

  (c) any input from concerned persons or entities;

  (d) the appraised value of the property; and

  (e) whether the property is historically significant. The property shall be considered historically significant if the real property, structures, statues or other improvements on the real property, is listed on the National Register of Historic Places or the State Register, or if the Board determines that it is historically significant after considering input from the State Historic Preservation Officer and others that have relevant input at the Board meeting.

  (4) If the Utah Legislature directs that the DFCM sell the property, then it shall be deemed as declared surplus under this Rule without the need for any Board approval.