R907-80-10. Negotiated Sales, Justifications, Procedures, and Public Notice

  1. The Department may dispose of surplus land by negotiated sale when the Executive Director or designee determines such a sale serves the best interests of the State. The Department may sell surplus land or other property by negotiated sale if:

  (a) The buyer is a Utah public entity, and the property is being transferred for a public use,

  (b) the buyer of the surplus land also owns adjoining land, or

  (c) the executive director or designee determines a negotiated sale is in the best interest of the state and the Department.

  2. The Department may list, or contract with an agent or broker to list for sale a property or property interest on a commercial listing service if the executive director or designee determines doing so is in the best interest of the state. The Department will utilize a standard procurement process to select an agent or broker.

  3. In the event a party submits a competing offer or offers to purchase the property from the Department, the Department must evaluate the offer or offers and accept the offer that best serves interests of the State. If the Department receives multiple offers, the executive director or designee may determine that the best interests of the state requires the Department to request best and final offers from all offerors. A written justification statement that articulates the reasoning used to determine the offer that best serves the interests of the State must be a part of all negotiated sales files.

  3. The Department may require a buyer of surplus land purchased through a negotiated sale to reimburse the Department for costs incurred in preparing the parcel for sale. These costs may include, but are not limited to costs for advertising, appraisal, environmental assessments, and a sale processing charge.