Sale/Disposal of County Owned Property
It is the Policy of Emmet County to retain that property which serves the County’s current and expected future needs. Property which does not fall into either category will be considered for disposal in a manner that best serves the interests of the County.
The Board of Commissioners directs the Administrator to establish an inventory of properties that do not serve the County’s current or expected future needs. The Administrator will develop a plan for disposal of those properties in a manner that is transparent and maximizes the return to the County. This plan does not rule out the option for the County to offer appropriate properties to other governmental or non-profit entities where there is an opportunity to enhance the quality of life through preservation or other strategies.
1. The Administrator will consult with the Facilities and Assets Director regarding all property in which the County of Emmet has an interest. The Administrator will work with the Facilities and Assets Director in all of the following steps regarding County property:
2. A sale of County property includes either the sale of the property itself or any interest that the County has in the real property.
3. Each year the Administrator will prepare a list of all county properties, separating those properties into properties currently in use or expected to be used by the county, and properties that are available for disposal. This list will be submitted to the Board as part of the Administrators report by March of each year. These properties will be listed on the County website, including properties currently offered for sale.
4. Of the properties available for disposal, the Administrator will determine the feasibility of the disposal of the property. The Administrator will consult appropriate department heads of any concerns or recommendations that the department head may have regarding the real property. The Administrator will consult with a title company, a lawyer with real estate experience, and/or Civil Counsel regarding a title search to determine marketability.
5. The Administrator will consider the following for priority in the sale of real property: (1) another governmental agency; (2) a non-profit corporation with an emphasis on public projects; and (3) the general public. However, the Administrator will make a final recommendation only on what is in the best interests of the County.
6. The Administrator will follow all legal requirements for the sale of any real property either owned by the County or in which the County has an interest.
7. The Administrator will prepare any appropriate forms for use in decisions regarding the sale of the County’s interest in any property, such forms to be approved by the Board of Commissioners.
8. Initialization of the issue of the sale of real property can occur by the receipt of a request for sale of County property or the Administrator’s determination that the sale of real property is recommended.
9. Upon receipt of a request to purchase real property in which the County has an interest, the Administrator will make an initial determination of the feasibility of the sale to the requestor. However, a sale of real property based on such a request will follow the procedure for the sale of any parcel of real property.
10. When there is a request for the sale of real property or the Administrator determines that real property should be sold, the Administrator will so advise the Board of Commissioners and request action on the Administrator’s request.
11. The Board of Commissioners will make the decision to proceed or not proceed. If the decision is to proceed, the Administrator is authorized to obtain an appraisal of the property from a person certified to make such appraisals. The Administrator will choose an appraiser from a list of qualified appraisers as approved by the Board of Commissioners. The appraisal will be considered a confidential document, not subject to release under FOIA until an appropriate time. At a public meeting, the Board of Commissioners may go into a Closed Session to discuss the appraisal.
12. The Administrator will determine if the sale of the real property should be by a sealed bid process or placing the sale of the real property with a licensed realtor. A sealed bid process would follow the Emmet County Purchasing Policy for obtaining bids. If the County uses a sealed bid process, the County will follow the procedures for advertising under the Purchasing Policy and will place a “For Sale” sign on the property. If the County uses a licensed realtor, the standard procedures followed by a licensed realtor for the sale of property will be followed.
The Administrator will choose a licensed realtor from a list of qualified realtors as approved by the Board of Commissioners.
13. If there is a potential sale following the sealed bid process or the licensed realtor brings an Offer to Purchase to the County, the Administrator will make a recommendation to the Board of Commissioners regarding the potential sale.
14. If the Board of Commissioners approve the sale of the real property, the Administrator will work with the licensed realtor, a title company, a lawyer with real estate experience, and/or Civil Counsel in drafting appropriate documents for the approval of both seller and buyer at a Closing. Such sale will be by a warranty deed or quit claim deed as determined appropriate by the Administrator. The County will not enter into a land contract.
15. Any sale of real property will require payment in full upon sale unless the Administrator recommends a different payment option, and that option is approved by the Board of Commissioners.