Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 31 - School Facility Planning and Construction › Article 1 - Planning and Construction › 4 AAC 31.085 - Disposal of abandoned or obsolete property

Current through May 31, 2024
(a) The department
				may dispose of state-owned school buildings and other facilities under this
				section if it determines that the buildings or facilities are no longer needed
				to provide the educational program in the community in which they are located.
				The determination will be made in writing after consultation with the regional
				educational attendance area (REAA) in which the property is located, and the
				reasons for the determination will be documented. The department will not make
				a determination under this section unless the regional school board that was
				given a use permit under 4 AAC 31.090 for the property provides, in support of
				the determination, a resolution requesting termination of the use permit and
				declaring that the property, both land and buildings, is no longer needed for
				the purpose of providing education services. In addition, the regional school
				board must give notice of its excess property on a form provided by the
				department, and must agree that the conditions and responsibilities contained
				under 4 AAC 31.090 in the use permit will remain valid for a one-year period
				after the date of the notice or the date of last occupancy, whichever is later,
				unless the department, in writing, relieves the regional school board of
				responsibility in whole or in part. Nothing in this section relieves a regional
				school board of its ongoing responsibilities or liabilities arising out of its
				interest in or use or operation of the property.
(b) If a facility is determined no longer
				needed for educational purposes under (a) of this section, the department will
				determine whether any other state agency needs the facility. If more than one
				state agency requests the facility, the department will determine, after
				consultation with the agencies involved and the governor's office, which agency
				has the greater need, and will assign the facility to that agency. If the
				department determines that use of the facility by another agency is consistent
				with the educational program conducted on the premises, the department will, in
				its discretion, allow that use under a revocable use permit. Otherwise, the
				department will convey the facility to the other agency, but will require its
				removal from land being used for educational purposes.
(c) If the department determines that another
				state agency does not have need for the facility, the department will advertise
				in a newspaper of general circulation that it intends to dispose of the
				facility under this section and will, in its discretion, solicit proposals for
				its use from municipalities and non-profit entities in the community, allowing
				at least 30 calendar days for proposals to be received.
(d) If a municipal government proposes a use
				for the facility, the department may convey the facility to the municipality
				without charge. Removal from state-owned land, of the facility conveyed under
				this subsection is required, unless the department determines that no state
				agency has use for the land upon which the facility is located and approves
				conveyance of the land to the municipality.
(e) If no municipal government requests
				conveyance of the facility, the department will determine whether sale under
				(f) of this section is likely to provide a qualified purchaser. If the
				department determines that a qualified purchaser is likely to exist, the
				department will attempt to sell the facility under (f). Otherwise, it may
				convey the facility without charge to a nonprofit entity under (g) of this
				section.
(f) If a qualified
				purchaser is likely to exist, the department will, in its discretion, dispose
				of the facility by sealed bids, advertised in a newspaper of general
				circulation not less than 30 days before bid opening, under such terms and
				conditions as are in the state's best interests. Removal, from state-owned
				land, of the facility conveyed under this subsection is required.
(g) If it is determined under (e) of this
				section that a sale under (f) of this section is unlikely to provide a
				qualified purchaser, or if sale is attempted under (f) of this section but no
				bids are received, the department may convey the facility to a non-profit
				entity that proposes a use for the facility, if the use serves a public purpose
				and the non-profit entity provides satisfactory assurances that the facility
				will be available to all members of the public without regard to race,
				religion, color, creed, or national origin. Removal, from state-owned land, of
				the facility conveyed under this subsection is required.
(h) If the department determines that
				disposal under other subsections of this section is not feasible, it may
				provide for the demolition or other removal of the facility from state land,
				and restoration of the site to a safe condition.
(i) If removal of a facility disposed under
				(g) of this subsection is not feasible, the commissioner may determine that it
				is in the best interest of the state to approve the granting of a long-term
				lease with the non-profit entity that has been approved for use of the
				facility.
Authority:
AS
					 14.07.030
AS
					 14.07.060