[HISTORY: Adopted by the Town of Durham as indicated in article
histories. Amendments noted where applicable.]
[Adopted 5-14-2018]
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.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
The Board of Selectmen shall have the right to reject any and all
bids submitted.
(8)
The Board of Selectmen may waive any irregularities or informalities
in any bids submitted.
(9)
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.
