(1) The division may refer vacant division-owned property to the Department of Transportation for a public auction if: (a) (i) the division has provided notice under Section 63A-5a-202 with respect to the vacant division-owned property; and (ii) the division receives no qualified proposals in response to the notice under Section 63A-5a-202; (b) the director determines that: (i) there is no reasonable likelihood that within the foreseeable future: (A) a primary state agency will use or occupy the vacant division-owned property; or (B) a secondary state agency, local government entity, or public purpose nonprofit entity will seek a transfer of ownership or lease of the vacant division-owned property; and (ii) disposing of the vacant division-owned property through a public auction is in the best interests of the state; (c) the director requests and receives a recommendation on the proposed public auction from the Legislative Executive Appropriations Committee; (d) the director communicates the Executive Appropriations Committee's recommendation to the executive director; and (e) the executive director approves the public auction.

(a) (i) the division has provided notice under Section 63A-5a-202 with respect to the vacant division-owned property; and (ii) the division receives no qualified proposals in response to the notice under Section 63A-5a-202;

(i) the division has provided notice under Section 63A-5a-202 with respect to the vacant division-owned property; and

(ii) the division receives no qualified proposals in response to the notice under Section 63A-5a-202;

(b) the director determines that: (i) there is no reasonable likelihood that within the foreseeable future: (A) a primary state agency will use or occupy the vacant division-owned property; or (B) a secondary state agency, local government entity, or public purpose nonprofit entity will seek a transfer of ownership or lease of the vacant division-owned property; and (ii) disposing of the vacant division-owned property through a public auction is in the best interests of the state;

(i) there is no reasonable likelihood that within the foreseeable future: (A) a primary state agency will use or occupy the vacant division-owned property; or (B) a secondary state agency, local government entity, or public purpose nonprofit entity will seek a transfer of ownership or lease of the vacant division-owned property; and

(A) a primary state agency will use or occupy the vacant division-owned property; or

(B) a secondary state agency, local government entity, or public purpose nonprofit entity will seek a transfer of ownership or lease of the vacant division-owned property; and

(ii) disposing of the vacant division-owned property through a public auction is in the best interests of the state;

(c) the director requests and receives a recommendation on the proposed public auction from the Legislative Executive Appropriations Committee;

(d) the director communicates the Executive Appropriations Committee's recommendation to the executive director; and

(e) the executive director approves the public auction.

(2) If the division refers a vacant division-owned property to the Department of Transportation for public auction, the Department of Transportation shall publicly auction the vacant division-owned property under the same law and in the same manner that apply to a public auction of Department of Transportation property.

(3) At a public auction conducted under Subsection (2), the Department of Transportation may, on behalf of the division, accept an offer to purchase the vacant division-owned property.

(4) The division and the Department of Transportation shall coordinate together to: (a) manage the details of finalizing any sale of the vacant division-owned property at public auction; and (b) ensure that the buyer acquires proper title and that the division receives the net proceeds of the sale.

(a) manage the details of finalizing any sale of the vacant division-owned property at public auction; and

(b) ensure that the buyer acquires proper title and that the division receives the net proceeds of the sale.

(5) If a public auction under this section does not result in a sale of the vacant division-owned property, the Department of Transportation shall notify the division and refer the vacant division-owned property back to the division.