Utah Administrative Code
Topic - Transportation
Title R907 - Administration
Rule R907-80 - Disposition of Surplus Land
Section R907-80-9 - First Right of Refusal
Universal Citation: UT Admin Code R 907-80-9
Current through Bulletin 2024-06, March 15, 2024
(1) If the department does not use any portion of a parcel of property it acquires from a private party for transportation purposes, the department must allow the original grantor an opportunity to repurchase the property at the original purchase price to the grantor before the department may sell the parcel of property to another buyer as required by Section 72-5-111.
(a) The department must send a written offer
by certified mail to the original grantor at the original grantor's last known
address, to sell the acquired property to the original grantor at the
department's acquisition price.
(b)
The original grantor of the parcel of property may assign this first right of
refusal to another person before the department may sell the parcel of property
to another buyer. The original grantor or the assignee must notify the
department of an assignment of the first right of refusal by certified mail to
the current office address of the executive director.
(c) The original grantor or the assignee must
accept the department's offer by certified mail within 90 days of the date the
original grantor receives the department's offer. If the department does not
receive an acceptance of its offer within the 90 days, it is free to sell or
exchange the parcel to someone other than the original buyer or
assignee.
(d) The original grantor
or the assignee may waive, in writing, the first right of refusal at any
time.
(2) The department must offer to sell property or an interest in property that it acquired by condemnation or threat of condemnation to the original grantor before it may sell to another buyer as required by Sections 72-5-111 and 78B-6-521.
(a) The department will offer the holder of
this first right of refusal the opportunity to purchase the property or
property interest for a price equal to the highest offer received at auction
plus costs associated with preparing and bringing to auction the property or
property interest.
(b) The
department may, but is not required to contact the holder of this first right
of refusal of its decision to sell at auction the property or property interest
to provide the holder an opportunity to purchase the property or property
interest for an amount equal to the appraised value plus costs associated with
preparing the property or property right for sale or waive the right by
providing the department a written waiver.
(c) Should the holder refuse to accept the
department's offer to sell or waive the right, the department will contact the
holder as soon as reasonably possible after the auction ends and offer the
property or property interest to the holder for a price equal to the highest
offer received at auction plus associated costs.
(d) The holder of the right will have 90 days
to accept or assign the offer to another buyer. Assigning the right will not
extend the 90 days allowed to accept the offer.
(e) If the holder of the right does not
accept or assign the department's offer within the 90 days, the department is
free to sell the property or property interest to the highest bidder.
(f) If the holder accepts the department's
offer, the holder must close the purchase in accordance with Section
R907-80-14, and any
other pending offer or contract on which the department's offer is based
becomes void.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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