Okla. Stat. tit. 61, § 327
Procedures for State Agency Transactions to Lease, Acquire, Dispose of, or Transfer Real Property
Effective May 11, 1998Laws 1983, SB 305, c. 304, § 181, emerg. eff. July 1, 1983; Amended by Laws 1985, HJR 1039, p. 1682, § 6, eff. November 1, 1985; Amended by Laws 1997, HB 1600, c. 292, § 8, emerg. eff. July 1, 1997 (superseded document available); Amended by Laws 1998, SB 1317, c. 203, § 9, emerg. eff. May 11, 1998 (superseded document available).
- A. Unless procedures for the disposal of real property owned by this state are otherwise provided for by law, no department, board, commission, institution, or agency of this state shall sell, exchange, or otherwise dispose of such real property subject to its jurisdiction except as provided for in subsection B of this section.
B.
- 1. Every department, board, commission, institution, or agency, upon legislative authorization to dispose of a parcel of real property or upon a determination, in writing, by said department, board, commission, institution, or agency that a parcel of real property subject to its jurisdiction is no longer needed by said department, board, commission, institution, or agency, shall request the Department of Central Services to dispose of said real property.
2. Upon notification by the department, board, commission, institution, or agency to sell a parcel of real property, the Department of Central Services shall:
a. obtain three new and complete appraisals of such property. The appraisals shall be made by three disinterested persons, knowledgeable in real estate costs, who shall ascertain:
- (1) the present fair value of the property, and
- (2) the present value of the improvements on such property, and
- (3) the actual condition of the improvements on the property; and
- b. cause notice of such sale to be published for at least one (1) day in a newspaper of general statewide circulation authorized to publish legal notices, and for at least three (3) consecutive weeks in a newspaper of general circulation published in the county or counties in which the property is located. The notice shall contain the legal description of each parcel of real property to be offered for sale, the appraised value thereof, the time and location of the sale or opening of the bids, and terms of the sale including the fact that no parcel of property shall be sold for less than ninety percent (90%) of the appraised value of the real property; and
- c. offer said property through public auction or sealed bids within three (3) weeks after the last publication of the notice in said newspapers. The property shall be sold to the highest bidder. The Department of Central Services shall not accept a bid of less than ninety percent (90%) of the appraised fair value of the property and the improvements on such property. The Department of Central Services is authorized to reject all bids.
- 3. The cost of the appraisements required by the provisions of this section, together with other necessary expenses incurred pursuant to this section, shall be paid by the department, board, commission, institution, or agency for which the real property is to be sold from funds available to said department, board, commission, institution, or agency for such expenditure. All monies received from the sale or disposal of said property, except those monies necessary to pay the expenses incurred pursuant to this section, shall be deposited in the General Revenue Fund.
- C. This section shall not be construed to authorize any department, board, commission, institution, or agency, not otherwise authorized by law, to sell, lease, or otherwise dispose of any real property owned by the state.
- D. The Oklahoma Ordnance Works Authority and its lands, and the Northeast Oklahoma Public Facilities Authority shall be exempt from the application of this section.
Laws 1983, SB 305, c. 304, § 181, emerg. eff. July 1, 1983; Amended by Laws 1985, HJR 1039, p. 1682, § 6, eff. November 1, 1985; Amended by Laws 1997, HB 1600, c. 292, § 8, emerg. eff. July 1, 1997 (superseded document available); Amended by Laws 1998, SB 1317, c. 203, § 9, emerg. eff. May 11, 1998 (superseded document available).