§ 61-327. Procedures for disposal or lease of certain state-owned real property.

A.  Unless procedures for state agency real property transactions are otherwise specifically provided for by law, no state agency shall sell, lease, exchange, or otherwise dispose of such real property subject to its jurisdiction, or lease, purchase or otherwise acquire real property subject to its jurisdiction, except as provided for in this section.  As used in this section, "state agency" means any department, board, commission, institution, agency or entity of state government.

B.  1.  Every state agency shall request the Office of Management and Enterprise Services to dispose of real property upon:

a.legislative authorization,

b.authorization by the Long-Range Capital Planning Commission, or

c.a determination, in writing, by the Office of Management and Enterprise Services or the state agency that a parcel of real property subject to its jurisdiction is no longer needed.

2.  Upon the request of the state agency to dispose of real property, the Office of Management and Enterprise Services shall:

a.obtain at least one complete appraisal made by a person certified by the Real Estate Appraiser Board of the Oklahoma Insurance Department, who shall ascertain:

(1)              the present fair value of the property,

(2)the present value of the improvements on such property, and

(3)              the actual condition of the improvements on the property,

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 weekly for 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; provided, in lieu of such procedure, the information may be published electronically on the Office of Management and Enterprise Services' website if the notice of sale and instructions on accessing the public information are published in a newspaper of general circulation in the county or counties in which the property is located weekly for three (3) consecutive weeks, and

c.offer the property through public auction or sealed bids within three (3) weeks after the last publication of the notice.  The property shall be sold to the highest bidder.  The Office of Management and Enterprise Services shall not accept a bid of less than ninety percent (90%) of the average appraised fair value of the property and the improvements on such property.  The Office of Management and Enterprise Services is authorized to reject all bids.

3.  The cost of the appraisal required by the provisions of this section, together with other necessary expenses incurred pursuant to this section, shall be paid by the state agency for which the real property is to be sold from funds available to the state agency for such expenditure.  All monies received from the sale or disposal of the property, except those monies necessary to pay the expenses incurred pursuant to this section, shall be deposited in the Maintenance of State Buildings Revolving Fund unless otherwise provided by law.

C.  Unless otherwise provided by law, the Office of Management and Enterprise Services shall review and approve state agency real property transactions.  A state agency shall not lease or acquire real property, or lease, dispose of or transfer state-owned real property until the Office provides notice of transaction approval to the state agency.  Prior to approval, a state agency shall provide documents to the Office and provide reference to statutory or other legal authority of the state agency to lease or acquire real property, or lease, dispose of or transfer state-owned real property.  If the state agency intends to lease or acquire real property, the state agency shall state the intended use of the real property.  Within thirty (30) days of receipt, the Office shall provide notice of transaction approval or disapproval to the state agency.

D.  The provisions of this section shall not apply to the lease of office space or real property subject to supervision of the Commissioners of the Land Office or district boards of education.

E.  1.  The Office of Management and Enterprise Services shall maintain a comprehensive inventory of state-owned real property and its use excluding property of the public schools and property subject to the jurisdiction of the Commissioners of the Land Office.

2.  Each state agency shall, within thirty (30) days of the closing date for lands newly acquired, provide to the Office a list of records, deeds, abstracts and other title instruments showing the description of and relating to any and all such lands or interests therein.

3.  The provisions of paragraph 2 of this subsection shall apply to all lands of public trusts having a state agency as the primary beneficiary, but shall not apply to lands of municipalities, counties, school districts, or agencies thereof, or Department of Transportation rights-of-way.

4.  A state agency that sells or otherwise disposes of land shall notify the Office within thirty (30) days of the disposition closing date.

F.  This section shall not be construed to authorize any state agency, not otherwise authorized by law, to sell, lease, or otherwise dispose of any real property owned by the state.

G.  The Office of Management and Enterprise Services may provide services to sell, transfer, trade or purchase real property for other state agencies.

H.  The Director of the Office of Management and Enterprise Services shall, pursuant to the Administrative Procedures Act, promulgate rules to effect procedures necessary to the fulfillment of its responsibilities under this section.

I.  The Oklahoma Ordnance Works Authority and its lands, and the Northeast Oklahoma Public Facilities Authority shall be exempt from the application of this section.  The Grand River Dam Authority and its lands shall be exempt from the application of this section for any real property disposed of prior to November 1, 2006.

J.  Unless otherwise provided for by law, the procedures established pursuant to this section for the sale or exchange of real estate or personal property as authorized pursuant to Sections  2222 and 2223 of this title shall be followed unless the sale is to an entity of state government.

K.  The Director of the Office of Management and Enterprise Services shall contract with experts, professionals or consultants as necessary to perform the duties of the Office.  Selections shall be made using the qualifications-based procedures established in Section 62 of Title 61 of the Oklahoma Statutes, and the rules promulgated by the Director for the selection of construction managers and design consultants.

Added by Laws 1983, c. 304, § 181, eff. July 1, 1983.  Amended by Laws 1985, H.J.R. No. 1039, p. 1682, § 6, eff. Nov. 1, 1985; Laws 1997, c. 292, § 8, eff. July 1, 1997; Laws 1998, c. 203, § 9, emerg. eff. May 11, 1998; Laws 2003, c. 372, § 17, eff. July 1, 2003; Laws 2005, c. 234, § 2, emerg. eff. May 26, 2005; Laws 2006, c. 271, § 36, eff. July 1, 2006; Laws 2012, c. 304, § 818; Laws 2013, c. 209, § 7, eff. July 1, 2013.  Renumbered from § 129.4 of Title 74 by Laws 2013, c. 209, § 39, eff. July 1, 2013.