State of Vermont
Agency of Administration
Department of Buildings & General Services
Policy 0009
Title: Disposal of Excess State Real Property
Date of Issue: February 2, 1999
Supersedes: Initial Policy
PURPOSE
Individual departments and agencies hold title to land and buildings under various statutory and regulatory authorities. From time to time, those holdings are deemed surplus to the agency/department needs and offered for sale. Currently, no policy exists which ensures that other agencies/departments are granted a first opportunity to obtain that property. This policy is created to provide guidelines and general procedures for agencies, departments and divisions to dispose of real property, held by fee simple title interest, that has become excess to their needs.
Goals
- To assure that real property holdings of the State that become excess to the needs of any agency/department/ division are first offered to other State entities before being disposed of by transfer to local governments or by sale on the open market.
- To assure that information on availability of any federal surplus land or buildings is passed on to agencies/departments/divisions for their consideration.
PROCEDURE
Notice
Any agency having real estate excess to its needs will submit in writing that information to the Department of Buildings and General Services, Office of Property Management. The Office of Property Management will notify in writing, within fourteen days, all agencies/entities listed below.
- Agency of Transportation
- Agency of Commerce & Community Development
- Department of Housing and Community Affairs
- Division of Historic Preservation
- Vermont Housing and Conservation Board
- Agency of Natural Resources
- Land Acquisition Review Committee
- Department of Agriculture Food and Markets
- Department of Employment and Training
- Military Department
- Office of Adjutant General
The Office of Property Management will maintain an updated listing of excess real property on its web site.
Response
Any State entity wishing to acquire excess real property shall, within fifteen days of the date of the written notice, notify the Office of Property Management and the entity holding the excess property of their intent to acquire the property. The two entities shall execute a Memorandum of Understanding (MOU) setting forth the details of the transfer. Consideration will be given to the proposed use of the property to assure that a particular use is in the best interest of the State.
It is the responsibility of the entity wishing to acquire the excess property to request any and all additional information necessary to effect the transfer. The entity disposing of the excess property shall work with the acquiring entity to make the transfer occur. Both the disposing entity and the acquiring entities shall keep the Office of Property Management informed of the progress of the proposed transfer.
The Office of Property Management shall keep the property on its list of excess property until notified that the transfer has taken place. If no State entity acquires the excess property, then the Office of Property Management shall authorize the disposing entity to offer the excess property, in turn, to local governments and the general public.
Credit to Federal Funds
Should a credit to federal funds be required, upon transfer, the agency to which the property is to be transferred will be responsible for reimbursing the selling agency any amounts to be credited to the federal funding source.
Selling Price
If the property is to be listed on the open market and unless directed by the legislature to sell for a specified price, each agency/entity will set the sales price at market rate for the area as determined by the appropriate agency authority through an appraisal conducted by internal staff, staff of Property Valuation Review, or a private appraiser.
Appraisals
The Department of Buildings and General Services/Risk Management Division will maintain appraisals on all state-owned real property and will furnish each agency with an initial report and updates as they occur.
Department Approval: Thomas W. Torti, Commissioner
Agency Approval Required: Kathleen C. Hoyt, Secretary