R907-80-9. First Right of Refusal

  (1) If the Department does not use any portion of a parcel of property it acquires from a private party for transportation purposes, the Department must allow the original grantor an opportunity to repurchase the property at the original purchase price to the grantor before the Department may sell the parcel of property to another buyer as required by Utah Code Section 72-5-111.

  (a) The Department must send a written offer by certified mail to the original grantor at the original grantor's last known address, to sell the acquired property to the original grantor at the Department's acquisition price.

  (b) The original grantor of the parcel of property may assign this first right of refusal to another person before the Department may sell the parcel of property to another buyer. The original grantor or the assignee must notify the department of an assignment of the first right of refusal by certified mail to the current office address of the executive director.

  (c) The original grantor or the assignee must accept the Department's offer by certified mail within 90 days of the date the original grantor receives the Department's offer. If the Department does not receive an acceptance of it's offer within 90 the days, it is free to sell or exchange the parcel to someone other than the original buyer or assignee.

  (d) The original grantor or the assignee may waive the first right of refusal at any time.

  (2) The Department must offer to sell property or an interest in property that it acquired by condemnation or threat of condemnation to the original grantor before it may sell to another buyer as required by Utah Code Section 78B-6-521.

  (a) The Department will offer the holder of this first right of refusal the opportunity to purchase the property or property interest for a price equal to the highest offer received at auction plus all costs associated with preparing and bringing to auction the property or property interest.

  (b) The Department may contact the holder of this first right of refusal of its decision to sell at auction the property or property interest to provide the holder an opportunity to purchase the property or property interest for an amount equal to the appraised value plus all costs associated with preparing the property or property right for sale or waive the right by providing the Department a written waiver.

  (c) Should the holder refuse to accept the Department's offer to sell or waive the right, the Department will contact the holder as soon as reasonably possible after the auction ends and offer the property or property interest to the holder for a price equal to the highest offer received at auction plus all associated costs.

  (d) The holder of the right will have 90 days to accept or assign the offer to another buyer. Assigning the right will not extend the 90 days allowed to accept the offer.

  (e) If the holder of the right does not accept or assign the Department's offer within the 90 days, the Department is free to sell the property or property interest to the highest bidder.

  (f) If the holder accepts the Department's offer, the holder must close the purchase in accordance with R907-80-14.