17 AAC 10.110. Disposal by competitive sale

(a) If a parcel of excess right-of-way may be developed without the use of other land, and any adjoining owner who qualifies to purchase the land under 17 AAC 10.105 declines an opportunity to purchase the land, the department will, in its discretion, dispose of the parcel of land through competitive sealed bids, with the award to the highest bidder.

(b) The department will not open competitive sealed bids without issuing public notice of the pending sale, published at least once in a newspaper of general circulation, in the area where the excess right-of-way is located, at least 30 days before bid opening. In that notice, the department will give the date, time, and place of the bid opening, describe the land offered for sale, provide that the department will accept public comments regarding the sale that are received at least seven days before the bid opening, and inform bidders of at least the following conditions:

(1) the payment schedule;

(2) that the successful bidder may be required to apply for and receive a replat of the land from the municipal planning and zoning authority;

(3) that the department reserves the right to reject any and all bids.

(c) The department will, in its discretion, accomplish the sale of excess land through an outcry auction. The department will issue public notice for the sale consistent with (b) of this section.

(d) If the department has attempted the sale of a parcel of excess right-of-way under (a) or (c) of this section, the department will, in its discretion, offer the parcel for sale over the counter, for its fair market value, for a period not to exceed 120 days after the date of the unsuccessful sale, under the same terms and conditions set for the competitive sale under (b) of this section. If an over-the-counter sale does not occur within the 120 days after the attempted competitive sale, the department will withdraw the parcel and will not convey it without issuing, in accordance with (b) of this section, a new public notice of the sale.

History: Eff. 5/4/2000, Register 154

Authority: AS 19.05.020

AS 19.05.070

AS 44.42.030

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