§ 53A-2-403. Purchase of surplus property.

(1) An eligible entity may purchase, and each school district shall sell, surplus property as provided in this section.

(2)

(a) Upon declaring land to be surplus property, each school district shall give written notice to each eligible entity in which the surplus property is located.

(b) Each notice under Subsection (2)(a) shall:

(i) state that the school district has declared the land to be surplus property; and

(ii) describe the surplus property.

(3) Subject to Subsection (4), an eligible entity may purchase the surplus property by paying the school district the purchase price.

(4)

(a) The legislative body of each eligible entity desiring to purchase surplus property under this section shall:

(i) within 90 days after the eligible entity receives notice under Subsection (2), adopt a resolution declaring the intent to purchase the surplus property and deliver a copy of the resolution to the school district; and

(ii) within 90 days after delivering a copy of the resolution under Subsection (4)(a)(i) to the school district, deliver to the school district an earnest money offer to purchase the surplus property at the purchase price.

(b) If an eligible entity fails to comply with either of the requirements under Subsection (4)(a) within the applicable time period, the eligible entity forfeits the right to purchase the surplus property.

(5)

(a) An eligible entity may waive its right to purchase surplus property under this part by submitting a written waiver to the school district.

(b) If an eligible entity submits a waiver under Subsection (5)(a), the school district has no further obligation under this part to sell the surplus property to the eligible entity.

(6) Surplus property acquired by an eligible entity may not be used for any purpose other than:

(a) a county, city, or town hall;

(b) a park or other open space;

(c) a cultural center or community center;

(d) a facility for the promotion, creation, or retention of public or private jobs within the state through planning, design, development, construction, rehabilitation, business relocation, or any combination of these, within a county, city, or town;

(e) office, industrial, manufacturing, warehousing, distribution, parking, or other public or private facilities, or other improvements that benefit the state or a county, city, or town; or

(f) a facility for a charter school under Chapter 1a, Part 5, The Utah Charter Schools Act.

(7)

(a) A school district that sells surplus property under this part may use proceeds from the sale only for bond debt reduction or school district capital facilities.

(b) Each school district that sells surplus property under this part shall place all proceeds from the sale that are not used for bond debt reduction in a capital facilities fund of the school district for use for school district capital facilities.

Amended by Chapter 104, 2012 General Session