CHAPTER 4 POWERS OF THE GOVERNOR AND COUNCIL IN CERTAIN CASES
Acquisition and Disposal of Real Estate
Section 4:39-c
4:39-c Disposal of Highway, Federal, or Turnpike Funded Real Estate. –
Disposal of real estate purchased with state or federal highway funds, or both, or with turnpike funds shall occur as follows:
I. Upon recommendation of the commissioner of the department of transportation to dispose of or lease property purchased with state or federal highway funds or both, or turnpike funds, the request for disposal or leasing shall be reviewed and approved by the long range capital planning and utilization committee before submission to the governor and council for approval. Upon determination that the property is no longer needed by the state, the governor and council shall first offer it to the government of the town, city, or county in which the property is located. If the town, city, or county refuses the offer, the governor and council may sell, convey, transfer, or lease the real property.
II. Sales of real property under this section shall be at not less than current market value of the subject property, as may be determined by the governor and council. If the town, city, or county decides to resell the property, it shall first offer the property to the state at the market value at the time of sale.
III. The proceeds from a sale, conveyance, transfer, or lease under this section shall be credited to either the highway fund, restricted federal fund, or the turnpike fund, whichever fund provided money for the original purchase. Proceeds from a sale that results from money provided by the highway fund for payback of real property purchased with federal funds shall be credited to the department and shall be nonlapsing and continually appropriated to the department for the purposes of meeting federal obligations or reimbursing the highway fund for payment of federal obligations.
IV. This section shall not apply to the exchange of state-owned lands, which are under the jurisdiction of the department of transportation, for other lands of equal or greater value, during right-of-way negotiations, or to the sale of buildings that need to be moved to clear such rights-of-way for public projects found necessary under other state laws.