Current through August 30, 2024
(a) The department will dispose of a
state-owned building on an airport or an item of personal property abandoned
under 17 AAC 45.115 or abandoned on a
premises on an airport after the lease, permit, or concession expires or
terminates if the commissioner determines in writing that
(1) the department does not need the building
or personal property for any airport-related purpose;
(2) the department is legally entitled to
dispose of the building or personal property; and
(3) disposal of the building or personal
property is in the best interest of the state.
(b) The department may dispose of a
state-owned building on an airport or item of personal property subject to
17 AAC 45.115(e)
by any of the following methods that the department determines to be in the
best interest of the state
(1) publicly
advertised sales contract under (e) of this section;
(2) sale or other disposal by competitive
award under (g) of this section;
(3) sale or other disposal by other lawful
means approved by the Department of Law if the department estimates the value
of the property as less than $5,000;
(4) demolition or removal by the department
or a contractor.
(c)
Before disposing of a building or item of personal property under this section,
the department will estimate the market value of the building or item of
personal property to be disposed of by
(1)
conducting a market survey in which the department
(A) interviews at least three purchasers or
sellers of property similar to the property to be disposed of and obtains
information about the sale price and comparability of the property purchased or
sold; or
(B) researches published
real estate or personal property value data relevant to the property to be
disposed of; or
(2)
performing or obtaining an appraisal of the property to be disposed of if a
market survey under this section indicates the value of the property to be
disposed of exceeds $50,000 or if the department determines that performing or
obtaining an appraisal is in the best interest of the state.
(d) Before proceeding with
disposal under this section, the department will estimate the salvage value or
demolition cost of the building or item of personal property to be disposed of
if the department determines
(1) that it is in
the best interest of the state that the building or item of personal property
be removed from the airport or relocated to another location on the airport;
or
(2) by market survey under
(c)(1) of this section or by other reasonable method that the building or item
of personal property is worth not more than $250.
(e) If the department makes a preliminary
determination that it is in the best interest of the state to sell a building
or item of personal property under this section by publicly advertised
contract, the department will, after considering the value or salvage value of
the building or personal property as determined under (c) or (d) of this
section, give notice of the proposed sale or salvage contract under
17 AAC 45.400(a) and (c), and will include in the notice
(1) a description of the building or personal
property being offered for sale or salvage;
(2) the name of the proposed buyer;
(3) the general terms of the disposal
contract, including the price to be paid by the buyer;
(4) a request for any party interested in
competing to buy the building or personal property to submit a written
statement of that interest to the department;
(5) the department's address for receiving
any written comment, objection, or statement of interest; and
(6) the date by which any written comment,
objection, or statement of interest must be received by the
department.
(f) After
close of the period for submission of written comment, objection, or statement
of interest under a notice of a proposed sale or salvage contract under this
section, the department will review any written comment, objection, or
statement of interest, received by the department within the period. If the
department
(1) did not receive any written
comment, objection, or statement of interest before the comment period closed,
the department will enter into the contract with the proposed buyer;
(2) did receive timely written comment,
objection, or statement of interest, but confirms the department's preliminary
determination that the contract as proposed or as modified is in the best
interest of the state, the department will send notice of the department's
intent to execute the proposed or modified contract to the applicant and to
each person that submitted written comment, objection, or statement of interest
during the comment period and provided a return address; or
(3) concludes that the proposed contract is
not in the best interest of the state, the department will
(A) send notice of the department's intent to
reject all applications to the proposed buyer named in the public notice and to
each person who submitted written comment, objection, or statement of interest
during the comment period and provided a return address; and
(B) retain ownership of the building or other
real property, award the sale or salvage contract by competitive award under
(g) of this section, or take other action the department determines in writing
is in the best interest of the state.
(g) If the department determines it is in the
best interest of the state to use competitive award as the method for awarding
a contract for the sale or other disposal of a building or personal property
under this section, the department will follow the procedures applicable to
competitive award of a lease, permit or concession under
17 AAC 45.300 -
17 AAC 45.399.
(h) The department may include in a contract
for the sale or other disposal of a building or personal property under this
section
(1) a right and obligation to enter
into a lease, permit, or concession
(A) for
occupancy of the premises on the airport on which the building or personal
property exists and is allowed to remain; or
(B) for other premises on the airport to
which the building or personal property is required to be relocated, subject to
receipt of an airport building permit under any applicable provisions of
17 AAC 45.280;
(2) permission to relocate the
building or personal property to another airport premises under an existing
lease, permit, or concession, subject to receipt of an airport building permit
under any applicable provisions of
17 AAC 45.280; or
(3) a requirement that the building or
personal property be removed from the airport.
(i) An employee, contractor, or grantee of
the department may not directly or indirectly purchase or agree with another
person to purchase a building or personal property disposed of under this
section if the employee, contractor, or grantee is, or has been, directly or
indirectly involved in the disposal, maintenance, or preparation for sale of
the building or personal property. After review of the facts relating to
disposal of a particular building or personal property, the commissioner may
waive this subsection for a specific sale, if the commissioner finds the waiver
is in the best interest of the state.
(j) A lease or permit that the department
issues as part of the disposal of a building or other structure on an airport
is subject to the procedures of this section and the standards of
17 AAC 45.200 -
17 AAC 45.299.
Authority:AS
02.15.020
AS 02.15.060
AS 02.15.090
AS
02.15.210
