Section 17.45.710. Disposal of state-owned buildings or abandoned personal property on an airport.

	(a)  The department will dispose of a state-owned building on an airport or an item of personal property abandoned under 17 AAC 45.115 or abandoned on a premises on an airport after the lease, permit, or concession expires or terminates if the commissioner determines in writing that   
		(1) the department does not need the building or personal property for any airport-related purpose;  
		(2) the department is legally entitled to dispose of the building or personal property; and  
		(3) disposal of the building or personal property is in the best interest of the state.  
	(b)  The department may dispose of a state-owned building on an airport or item of personal property subject to 17 AAC 45.115(e) by any of the following methods that the department determines to be in the best interest of the state  
		(1) publicly advertised sales contract under (e) of this section;  
		(2) sale or other disposal by competitive award under (g) of this section;  
		(3) sale or other disposal by other lawful means approved by the Department of Law if the department estimates the value of the property as less than $5,000;  
		(4) demolition or removal by the department or a contractor.  
	(c)  Before disposing of a building or item of personal property under this section, the department will estimate the market value of the building or item of personal property to be disposed of by  
		(1) conducting a market survey in which the department  
			(A) interviews at least three purchasers or sellers of property similar to the property to be disposed of and obtains information about the sale price and comparability of the property purchased or sold; or  
			(B) researches published real estate or personal property value data relevant to the property to be disposed of; or  
		(2) performing or obtaining an appraisal of the property to be disposed of if a market survey under this section indicates the value of the property to be disposed of exceeds $50,000 or if the department determines that performing or obtaining an appraisal is in the best interest of the state.  
	(d)  Before proceeding with disposal under this section, the department will estimate the salvage value or demolition cost of the building or item of personal property to be disposed of if the department determines   
		(1) that it is in the best interest of the state that the building or item of personal property be removed from the airport or relocated to another location on the airport; or   
		(2) by market survey under (c)(1) of this section or by other reasonable method that the building or item of personal property is worth not more than $250.  
	(e)  If the department makes a preliminary determination that it is in the best interest of the state to sell a building or item of personal property under this section by publicly advertised contract, the department will, after considering the value or salvage value of the building or personal property as determined under (c) or (d) of this section, give notice of the proposed sale or salvage contract under 17 AAC 45.400(a) and (c), and will include in the notice  
		(1) a description of the building or personal property being offered for sale or salvage;  
		(2) the name of the proposed buyer;  
		(3) the general terms of the disposal contract, including the price to be paid by the buyer;  
		(4) a request for any party interested in competing to buy the building or personal property to submit a written statement of that interest to the department;  
		(5) the department's address for receiving any written comment, objection, or statement of interest; and  
		(6) the date by which any written comment, objection, or statement of interest must be received by the department.  
	(f)  After close of the period for submission of written comment, objection, or statement of interest under a notice of a proposed sale or salvage contract under this section, the department will review any written comment, objection, or statement of interest, received by the department within the period.  If the department   
		(1) did not receive any written comment, objection, or statement of interest before the comment period closed, the department will enter into the contract with the proposed buyer;  
		(2) did receive timely written comment, objection, or statement of interest, but confirms the department's preliminary determination that the contract as proposed or as modified is in the best interest of the state, the department will send notice of the department's intent to execute the proposed or modified contract to the applicant and to each person that submitted written comment, objection, or statement of interest during the comment period and provided a return address; or   
		(3) concludes that the proposed contract is not in the best interest of the state, the department will  
			(A) send notice of the department's intent to reject all applications to the proposed buyer named in the public notice and to each person who submitted written comment, objection, or statement of interest during the comment period and provided a return address; and  
			(B) retain ownership of the building or other real property, award the sale or salvage contract by competitive award under (g) of this section, or take other action the department determines in writing is in the best interest of the state.  
	(g)  If the department determines it is in the best interest of the state to use competitive award as the method for awarding a contract for the sale or other disposal of a building or personal property under this section, the department will follow the procedures applicable to competitive award of a lease, permit or concession under 17 AAC 45.300 - 17 AAC 45.399.  
	(h)  The department may include in a contract for the sale or other disposal of a building or personal property under this section  
		(1) a right and obligation to enter into a lease, permit, or concession  
			(A) for occupancy of the premises on the airport on which the building or personal property exists and is allowed to remain; or  
			(B) for other premises on the airport to which the building or personal property is required to be relocated, subject to receipt of an airport building permit under any applicable provisions of 17 AAC 45.280;  
		(2) permission to relocate the building or personal property to another airport premises under an existing lease, permit, or concession, subject to receipt of an airport building permit under any applicable provisions of 17 AAC 45.280; or  
		(3) a requirement that the building or personal property be removed from the airport.  
	(i)  An employee, contractor, or grantee of the department may not directly or indirectly purchase or agree with another person to purchase a building or personal property disposed of under this section if the employee, contractor, or grantee is, or has been, directly or indirectly involved in the disposal, maintenance, or preparation for sale of the building or personal property.  After review of the facts relating to disposal of a particular building or personal property, the commissioner may waive this subsection for a specific sale, if the commissioner finds the waiver is in the best interest of the state.  
	(j)  A lease or permit that the department issues as part of the disposal of a building or other structure on an airport is subject to the procedures of this section and the standards of 17 AAC 45.200 - 17 AAC 45.299.  

Authorities

02.15.020;02.15.060;02.15.090;02.15.210

Notes

Reference

17 AAC 45.115
17 AAC 45.910
17 AAC 45.920

Authority

AS 02.15.020 AS 02.15.060 AS 02.15.090 AS 02.15.210 ________________________

History

Eff. 3/22/2008, Register 185; am 3/20/2016, Register 217