§140. Sales of immovable property by state agencies

A. When any state agency as defined in R.S. 39:321(A) designates immovable property under its jurisdiction to be nonessential to the efficient operation of the agency, the secretary or other administrative head shall transfer the property to the division of administration hereinafter referred to as the division.

B. For any immovable property designated to be nonessential, the division shall prepare a land management evaluation report setting forth recommendations for the best use or disposition of the property. A copy of this report shall be filed with the House Committee on Natural Resources and Environment and Senate Committee on Natural Resources and delivered to the member of the House and Senate in whose district the immovable property is located.

C. Unless approval is received from the House Committee on Natural Resources and Environment and Senate Committee on Natural Resources within ninety days after receiving notice, the division shall not initiate implementation of its recommendation for best use or disposition of the property.

D. The division shall conduct any sale of state-owned property under the provisions of R.S. 41:131 et seq. or R.S. 47:2189, whichever is applicable, except as otherwise provided as follows:

(1) The division may obtain appraisals from up to three Louisiana state-certified appraisers to ascertain the current value of the property. The appraisals shall be obtained within six months prior to the conducting of the sale.

(2) In lieu of public auction or sealed bids and when it is in the best interest of the state, the division may contract under rules and regulations adopted by the division for the services of a licensed real estate broker to conduct the sale of the property. The term of the contract shall not exceed six months. A minimum sale price and a time period within which the sale is to occur shall be specified by the division as conditions of the contract. Payment shall not exceed five percent of the sale price and shall be contingent upon completion of the sale in accordance with the terms and conditions of the contract. The division shall have the right to cancel the contract at any time for any reason prior to the sale and conduct the sale as otherwise provided by law.

(3) No member of the legislature shall perform the services of appraiser or real estate broker authorized by this Subsection.

E. The division is authorized to adopt and promulgate rules and regulations in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., to carry out the provisions of this Section. These rules shall, at a minimum, contain criteria and definitions for the determination of what is nonessential property and the best use of said property, and the procedure for transfer of property from agencies to the division.

F. The division shall submit an annual report to the House Committee on Natural Resources and Environment and Senate Committee on Natural Resources, detailing the amount of property sold, the agencies from which such property came, the cost of the sale, the net proceeds from such sale, and an updated inventory of immovable property still belonging to the state and which agency possesses the property.

Acts 1989, No. 282, §4, eff. June 27, 1989; Acts 1997, No. 216, §1, eff. June 16, 1997; Acts 2008, No. 580, §5.

NOTE: See Acts 1989, No. 282, §5.