306.23 - NOTICE -- PREFERENCE OF SALE.
306.23 NOTICE -- PREFERENCE OF SALE. 1. The agency in control of a tract, parcel, or piece of land, orpart thereof, which is unused right-of-way shall send by certifiedmail to the last known address of the present owner of adjacent landfrom which the tract, parcel, piece of land, or part thereof, wasoriginally purchased or condemned for highway purposes, and to theperson who owned the land at the time it was purchased or condemnedfor highway purposes, notice of the agency's intent to sell the land,the name and address of any other person to whom a notice was sent,and the fair market value of the real property based upon anappraisal by an independent appraiser. 2. The notice shall give an opportunity to the present owner ofadjacent property and to the person who owned the land at the time itwas purchased or condemned for highway purposes to be heard and makeoffers within sixty days of the date the notice is mailed for thetract, parcel, or piece of land to be sold. An offer which equals orexceeds in amount any other offer received and which equals orexceeds the fair market value of the property shall be givenpreference by the agency in control of the land. If no offers arereceived within sixty days or if no offer equals or exceeds the fairmarket value of the land, the agency shall transfer the land for apublic purpose or proceed with the sale of the property. 3. For the purposes of this section, "public purpose" meansthe transfer to a state agency or a city, county, or other politicalsubdivision for a public purpose.
Section History: Early Form [C35, § 4755-f2; C39, § 4755.45; C46, 50, § 313.54; C54, 58,62, 66, § 306.17; C71, 73, 75, 77, 79, 81, § 306.23; 81 Acts, ch 98,§ 1; 82 Acts, ch 1104, § 7]
Section History: Recent Form 87 Acts, ch 35, §1; 97 Acts, ch 149, §2, 3 Referred to in § 331.361