4615-1

Office of Right of Way Surplus Property Disposal Procedures

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The disposal of surplus property is governed by Code of Georgia, Title 32-7-3 and Title 32-7-4, and by Federal Law through 23 CFR 710.403 and 710.409.

To initiate the disposal process, the Department shall inform all interested parties to submit an application entitled Request to Dispose of Excess Right of Way Form.

Upon receipt of the completed Application, the Department shall:

• Review and circulate the request through the appropriate design and district offices to determine whether the property may be surplus to the needs of the Department; and

• Request review and comment from Federal Highway Administration if necessary.

Upon recommendation by the appropriate design and district offices that the property may be eligible to be declared surplus, the Department will notify the requestor in writing that:

• An appraisal will be made to determine the fair market value;

• Identify Method of Disposal to be used:
  1. Previous Owner;
  2. Successor in title; or
  3. Seal Bid

     State Law mandates that the Department first offer the right to repurchase to the previous owner or their successor in title.

• This conveyance is made subject to any easement of record and any utilities facilities permitted by the Department of Transportation;

• the transaction may be subject to retention of existing access rights, easements for support of the road or drainage or other title limitations; and

• a quitclaim deed will be provided, upon approval by the Commissioner.

Upon approved appraisal, the offer to dispose will be as follows:

• Previous Owner or Successor in Title: As mandated by State Law, the offer to repurchase at the approved fair market value will be made to the previous owner or successor in title, and they will have 60 days to accept in writing and if accepted, an additional 60 days to close the transaction.

• Sealed Bids, the advertisement for sealed bids will be published once a week in the Legal Organ of the County where the property is located. The first publication being at least two weeks prior to the opening of the bids. The second publication to follow one week after the first publication. Minimum bid is the approved fair market value. A deposit in the amount of 10% of the bid, certified funds only, is required to accompany the bid. This deposit will be returned to any unsuccessful bidder.

• The Department retains the right to reject any one or all bids, and to re-advertise, or to abandon the sale.

Typical Time to Complete:

            Previous Owner or
            Successor in Title – 225 Calendar Days

            Sealed Bids – 190 Calendar Days

The procedures that accompany this policy may be read in the Manual of Administrative Procedures.

Document History:

• added to TOPPS: 08/03/04
• time line revised: 05/02/05
• reviewed: 11/03/06
• reviewed: 03/18/08

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