(a)
- (1) All department real estate transactions, unless exempted, involving transfers of property ownership are governed by Arkansas Code § 22-6-601.
- (2) Departments should review this code provision.
- (3) Departments have several duties under this law in regard to requests and notifications prior to the purchase or sale of properties.
(4) Transfers of ownership include:
- (A) Purchases;
- (B) Sales;
- (C) Donations;
- (D) Transfers of like property; and
- (E) Transfers between state entities.
- (5) Any questions pertaining to real estate transfers should be directed to the Real Estate Services Administrator.
- (6) Departments may contact the administrator for a copy of quick reference guides for the purchase or sale of property.
(b)
- (1) Departments shall obtain an appraisal of the property for all real estate transactions.
- (2) Appraisers shall be properly licensed in accordance with Arkansas laws and any applicable rules.
- (3) Appraisals must be accompanied by an affidavit of appraiser in order to be valid.
- (4) Once the services are obtained, departments shall give notice to the Director of the Building Authority Division.
(c)
- (1) All offers and acceptances should state that they shall be conditional upon approval by the Governor.
- (2) All offers and acceptances and applicable documents shall be delivered to the Real Estate Services Section.
- (3) The Real Estate Services Section shall make a recommendation to the director.
- (4) Departments may request advice and counsel of the Attorney General’s office for the purchase of property.
- (5) The Real Estate Services Section may assist departments in making the conditional offer and acceptance and in obtaining the necessary review and/or approvals.
- (6) Once the applicable documents are received by the Building Authority Division, the director will make a recommendation to the Secretary of the Department of Shared Administrative Services who will transmit a final recommendation to the Governor.
- (7) Once a determination is made by the Governor and transmitted to the secretary and director, the director shall forward it to the department.
(d)
- (1) It is preferable that all offers and acceptances be reviewed by the administrator prior to the department’s execution of the document.
- (2) A copy of the appraisal shall accompany the offer and acceptance at this stage of the review.
- (3) The division shall notify the department of its review of the offer and acceptance as well as notify the department of the property’s floodplain status.
- (4) All offers and acceptances shall contain the appropriate language pursuant to Executive Order 98-04 or Acts 1999, No. 34, to the extent applicable.
- (e) The Real Estate Services Section is responsible for reviews and approvals of lease-purchases of property pursuant to Arkansas Code § 22-2-114 and this subchapter.
- (f) Guidelines regarding the sale and purchase of properties are available by contacting the administrator.
- (g) Prior to any offer of purchase or receipt of any real property, agencies shall request a review of the floodplain status of the property pursuant to 22 CAR § 111-701 et seq.