4 AAC 31.085. Disposal of abandoned or obsolete property

(a) The department may dispose of state-owned school buildings and other facilities under this section if it determines that the buildings or facilities are no longer needed to provide the educational program in the community in which they are located. The determination will be made in writing after consultation with the regional educational attendance area (REAA) in which the property is located, and the reasons for the determination will be documented. The department will not make a determination under this section unless the regional school board that was given a use permit under 4 AAC 31.090 for the property provides, in support of the determination, a resolution requesting termination of the use permit and declaring that the property, both land and buildings, is no longer needed for the purpose of providing education services. In addition, the regional school board must give notice of its excess property on a form provided by the department, and must agree that the conditions and responsibilities contained under 4 AAC 31.090 in the use permit will remain valid for a one-year period after the date of the notice or the date of last occupancy, whichever is later, unless the department, in writing, relieves the regional school board of responsibility in whole or in part.

(b) If a facility is determined no longer needed for educational purposes under (a) of this section, the department will determine whether any other state agency needs the facility. If more than one state agency requests the facility, the department will determine, after consultation with the agencies involved and the governor's office, which agency has the greater need, and will assign the facility to that agency. If the department determines that use of the facility by another agency is consistent with the educational program conducted on the premises, the department will, in its discretion, allow that use under a revocable use permit. Otherwise, the department will convey the facility to the other agency, but will require its removal from land being used for educational purposes.

(c) If the department determines that another state agency does not have need for the facility, the department will advertise in a newspaper of general circulation that it intends to dispose of the facility under this section and will, in its discretion, solicit proposals for its use from municipalities and non-profit entities in the community, allowing at least 30 calendar days for proposals to be received.

(d) If a municipal government proposes a use for the facility, the department will, in its discretion, convey the facility to the municipality without charge. Removal from state-owned land, of the facility conveyed under this subsection is required, unless the Department of Natural Resources determines that no state agency has use for the land upon which the facility is located and approves conveyance of the land to the municipality.

(e) If no municipal government requests conveyance of the facility, the department will determine whether sale under (f) of this section is likely to provide a qualified purchaser. If the department determines that a qualified purchaser is likely to exist, the department will attempt to sell the facility under (f). Otherwise, it may convey the facility without charge to a nonprofit entity under (g) of this section.

(f) If a qualified purchaser is likely to exist, the department will, in its discretion, dispose of the facility by sealed bids, advertised in a newspaper of general circulation not less than 30 days before bid opening, under such terms and conditions as are in the state's best interests. Removal, from state-owned land, of the facility conveyed under this subsection is required.

(g) If it is determined under (e) of this section that a sale under (f) of this section is unlikely to provide a qualified purchaser, or if sale is attempted under (f) of this section but no bids are received, the department may convey the facility to a non-profit entity that proposes a use for the facility, if the use serves a public purpose and the non-profit entity provides satisfactory assurances that the facility will be available to all members of the public without regard to race, religion, color, creed, or national origin. Removal, from state-owned land, of the facility conveyed under this subsection is required.

(h) If the department determines that disposal under other subsections of this section is not feasible, it may provide for the demolition or other removal of the facility from state land, and restoration of the site to a safe condition.

History: Eff. 10/4/90, Register 115; am 4/17/98, Register 146; am 12/19/2002, Register 164

Authority: AS 14.07.030

AS 14.07.060

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