72-815 Vacant buildings and excess land; state building division; powers and duties; demolition; sale; lease; proceeds; disposition; maintenance. - Nebraska Statutes

72-815. Vacant buildingsand excess land; state building division; powers and duties; demolition; sale;lease; proceeds; disposition; maintenance.(1)The state building division of the Department of Administrative Services shallbe responsible for the sale, lease, or other disposal of a building or land,whichever action is ordered by the committee.(2) If a building is to be demolished, section 72-810 shallnot apply, but the state building division shall notify the State HistoricPreservation Officer of such demolition at least thirty days prior to thebeginning of the demolition or disassembly so that the officer may collectany photographic or other evidence he or she may find of historic value.(3)(a) If a building or land is to be sold or leased, thestate building division shall cause an appraisal to be made of the buildingor land. The sale, lease, or other disposal of the building or land shallcomply with all relevant statutes pertaining to the sale or lease of surplusstate property, except that if the state building division fails to receivean offer from a state agency in which the agency certifies that it (i) intendsto use the building for the purposes for which it was designed, intended,or remodeled or to remodel the building for uses which will serve the agency'spurposes or (ii) intends to use the land for the purposes for which it wasacquired or received, the state building division shall then notify the Departmentof Economic Development that the building or land is available for sale orlease so that the department may refer to the state building division anypotential buyers or lessees of which the department may be aware. The statebuilding division may then sell or lease the building or land by such methodas is to the best advantage of the State of Nebraska, including auction, sealedbid, or public sale and, if necessary, by private sale, but in all situationsonly after notice of the property sale is publicly advertised on at leasttwo separate occasions in the newspaper with the largest circulation in thecounty where the surplus property is located and not less than thirty daysprior to the sale of the property. The state building division may use theservices of a real estate broker licensed under the Nebraska Real Estate LicenseAct. Priority shall be given to other political subdivisions of state government,then to persons contracting with the state or political subdivisions of thestate who will use the building or land for middle-income or low-income rentalhousing for at least fifteen years, and finally to referrals from the Departmentof Economic Development.(b) When abuilding or land designated for sale is listed in the National Register ofHistoric Places, the state building division, in its discretion and basedon the best interests of the state, may follow the procedure outlined in subdivision(3)(a) of this section or may sell the building or land by any method deemedin the best interests of the state to a not-for-profit community organizationthat intends to maintain the historic and cultural integrity of the buildingor land.(c) All sales and leases shallbe in the name of the State of Nebraska. The state building division may providethat a deed of sale include restrictions on the building or land to ensurethat the use and appearance of the building or land remain compatible withany adjacent state-owned property.(d) Except as otherwise providedin subsection (4) of this section, the proceeds of the sale or lease shallbe remitted to the State Treasurer for credit to the Vacant Building and ExcessLand Cash Fund unless the state agency formerly responsible for the buildingor land certifies to the state building division that the building or landwas purchased in part or in total from cash, federal, or revolving funds,in which event, after the costs of selling or leasing the building or landare deducted from the proceeds of the sale or lease and such amount is creditedto the fund, the remaining proceeds of the sale or lease shall be creditedto the cash, federal, or revolving fund in the percentage used in originallypurchasing the building or land.(4) Any state-owned military property, including any armoriesconsidered surplus property, shall be sold by such method as is to the bestadvantage of the State of Nebraska, including auction, sealed bid, or publicsale, and if necessary, by private sale, but in all situations only afternotice of the property sale is publicly advertised on at least two separateoccasions in the newspaper with the largest circulation in the county wherethe surplus property is located and not less than thirty days prior to thesale of the property, and pursuant to section 72-816, all proceeds from thesale of the property, less maintenance expenses pending the sale and sellingexpenses, but including investment income on the sale proceeds of the property,shall be promptly transferred from the Vacant Building and Excess Land CashFund to the General Fund by the State Building Administrator.(5) The state building division shall be responsible for themaintenance of the building or land if maintenance is ordered by the committeeand shall be responsible for maintenance of the building or land pending saleor lease of the building or land. SourceLaws 1988, LB 1143, § 5; Laws 1989, LB 18, § 6; Laws 1990, LB 830, § 5; Laws 1992, LB 1241, § 10; Laws 2000, LB 1216, § 21; Laws 2003, LB 403, § 6; Laws 2010, LB722, § 2.Effective Date: July 15, 2010 Cross ReferencesNebraska Real Estate License Act, see section 81-885.