§ 3-9-107. SAME - ALTERNATIVE CONVEYANCES.

(a)

Easement to owner of servient property. The county may convey a county-owned easement that is no longer needed for public use to the person identified by the land records of the county as the owner of the servient property.

(b)

Completed or abandoned project. If the county has completed or abandoned a project for which the county acquired fee simple title to a property, the county may offer surplus property of the completed or abandoned project to the owner from whom the property was acquired or to the owner's personal representative, heirs, or assigns.

(c)

Leased property. If the county has leased property as a lessor and the property has been declared to be surplus, the county may offer to convey the property to a lessee who has leased the property continuously for a period of not less than 2 years before the property was declared surplus.

(d)

Procedure. If the county elects to convey a real or leasehold property interest to a person under this section, within 45 days after receiving the offer, the person receiving the offer shall execute a written contract with the county to acquire the real or leasehold property interest.

(e)

Price. The county shall convey a property interest under this section for a price as provided in § 3-9-105 of this subtitle.

(f)

Failure to execute. If the person receiving an offer under this section does not execute a contract as provided in subsection (d) of this section, the county may convey the real or leasehold property interest:

(1)

By public sale; or

(2)

To a governmental entity:

(i)

For a price as provided in § 3-9-105 of this subtitle; or

(ii)

As provided in § 3-9-108 of this subtitle.

(1988 Code, § 2-1) (Bill No. 159-96, § 1, 11-22-1996; Bill No. 31-99, § 3, 7-1-2004; Bill No. 96-99, § 1, 11-19-1999)