[HISTORY: Adopted by the Town of Durham as indicated in article histories. Amendments noted where applicable.]
This article is adopted pursuant to Section 3.6 of the Town Charter, establishing a process for the sale or disposition of real estate not used or reserved for Town purposes.
The Board of Selectmen shall have the authority to sell or dispose of real estate not used for Town purposes in accordance with the procedures set forth in § 12.7-3 of this article. This article shall not apply to real property or interests in real property which have been granted to the Town as open space in approved subdivisions or as conservation or preservation easements.
The following procedures shall be followed unless the Board of Selectmen determines that another means of disposal serves the best interests of the Town.
The Board of Selectmen shall consult with other Town agencies and the regional school district, including without limitation the Director of Public Works, the Recreation Director, the Recreation Committee and the Conservation Commission to determine whether the property has any potential use for Town purposes.
In the event the foregoing entities do not believe the property can be used for Town purposes and the manner in which the property was acquired by the Town is uncertain, a title search shall be conducted in order to determine whether the property is subject to any restrictions or encumbrances that would prohibit its sale or disposition.
The Board of Selectmen shall forward the proposal to sell or dispose of the property to the Planning and Zoning Commission for its review under CGS § 8-24.
If applicable, the Board of Selectmen shall hold a public hearing on the proposed sale or disposition of the property as provided in CGS § 7-163e.
The Board of Selectmen shall publish notice of the proposed sale of the property in a newspaper of general circulation and may advertise the sale of the property on the Town's website or other means and shall accept sealed bids for the purchase of such property.
Publication shall contain a detailed description of the property and shall set forth the terms and conditions of the sale, including but not limited to, the minimum bid, if any, and the amount and form of the deposit payment necessary to accompany a bid or offer to purchase. The notice shall also include the place, date and time when such bids shall be due.
The Board of Selectmen shall have the right to reject any and all bids submitted.
The Board of Selectmen may waive any irregularities or informalities in any bids submitted.
If all bids are rejected or no bids are received, the property shall remain in Town ownership and shall remain subject to the provisions of the Charter and this article.