53A-2-403. Purchase of surplus property.
(1) An eligible entity may purchase, and each school district shall sell, surplus property
as provided in this section.
(2) (a) Upon declaring land to be surplus property, each school district shall give written
notice to each eligible entity in which the surplus property is located.
(b) Each notice under Subsection (2)(a) shall:
(i) state that the school district has declared the land to be surplus property; and
(ii) describe the surplus property.
(3) Subject to Subsection (4), an eligible entity may purchase the surplus property by
paying the school district the purchase price.
(4) (a) The legislative body of each eligible entity desiring to purchase surplus property
under this section shall:
(i) within 90 days after the eligible entity receives notice under Subsection (2), adopt a
resolution declaring the intent to purchase the surplus property and deliver a copy of the
resolution to the school district; and
(ii) within 90 days after delivering a copy of the resolution under Subsection (4)(a)(i) to
the school district, deliver to the school district an earnest money offer to purchase the surplus
property at the purchase price.
(b) If an eligible entity fails to comply with either of the requirements under Subsection
(4)(a) within the applicable time period, the eligible entity forfeits the right to purchase the
surplus property.
(5) (a) An eligible entity may waive its right to purchase surplus property under this part
by submitting a written waiver to the school district.
(b) If an eligible entity submits a waiver under Subsection (5)(a), the school district has
no further obligation under this part to sell the surplus property to the eligible entity.
(6) Surplus property acquired by an eligible entity may not be used for any purpose other
than:
(a) a county, city, or town hall;
(b) a park or other open space; or
(c) a cultural center or community center.
(7) (a) A school district that sells surplus property under this part may use proceeds from
the sale only for bond debt reduction or school district capital facilities.
(b) Each school district that sells surplus property under this part shall place all proceeds
from the sale that are not used for bond debt reduction in a capital facilities fund of the school
district for use for school district capital facilities.
Enacted by Chapter 339, 2006 General Session
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Last revised: Thursday, May 28, 2009