Current through September 24, 2024
(1) The State of Tennessee may acquire land
for the previously mentioned reasons by either acquisition, donation or
transfer. When all reasonable effort to purchase land or interests in land from
a willing seller fail, such rights may be acquired by condemnation.
(2) Procedures for all methods of acquisition
will generally follow those established by the Tennessee Department of
Environment and Conservation as listed below:
(a) Complete information regarding survey and
legal description is submitted to the State Building Commission. After Building
Commission approval, invitations for bids on title work are issued, and then
awarded on lowest bid consistent with the title company's ability to perform as
required. After title commitment is obtained, appoint and execute agreements
with appraisers. Next, appraisal review with documented establishment of fair
market value. Commence option contract negotiations at fair market value.
Present signed option to Building Commission for approval unless prior approval
has been obtained. Prepare warranty deed and closing statement.
(b) Donations, as necessary for reclamation
activities, to the State of Tennessee should be consistent with objectives and
requirements of the Abandoned Mined Lands Program.
(3) Where land acquired is considered
suitable for industrial, commercial, residential or recreational development,
the State, when authorized by O.S.M., may sell such land by public sale under a
system of competitive bidding, at not less than the market value.
(a) The State shall publish a notice which
describes the proposed disposition of the land in a newspaper of general
circulation within the area where the land is located for a minimum of four
successive weeks. The notice shall provide for at least 30 days of public
comment and it shall state where copies of plans for disposition of the land
may be obtained or reviewed and the address to which comments or plans should
be submitted. The notice shall also state that a public hearing will be held if
requested by any person.
(b) The
State shall hold a public hearing if requested as a result of a public notice
and the State may determine that a hearing is appropriate even if a request has
not been received.
(c) Hearings
shall be scheduled to conform with
30 CFR
879.15.
(d) Following hearings the State shall make a
written finding that the disposal of reclaimed lands is appropriate,
considering all comments received, and that the disposal is consistent with
State and Federal rules and laws which apply.
Authority:
T.C.A. §§59-8-324 et seq. and 4-5-201 et seq.
