ADMINISTRATION OF TRANSPORTATION LAWS
Commissioner, Deputy and Assistant Commissioners
228:31-b Disposal of Highway or Turnpike Funded Real Estate.
I. For purposes of this section:
(a) "Professional real estate services" means those professional services of licensed real estate professionals, as well as incidental services that members of the profession and those in their employ may logically and justifiably perform. These services shall include at a minimum a market analysis based on the highest and best use of all excess property being sold.
(b) "Licensed real estate professional" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the real estate profession in this state under RSA 331-A.
II. The general court hereby declares that it shall be the policy of the department of transportation to negotiate contracts for professional real estate services on the basis of demonstrated competence and qualifications for the type of professional services required, and at fair and reasonable prices, to sell surplus property obtained with funds derived from the highway fund or the turnpike fund.
III. The department shall publish a request for qualifications for professional real estate services to be procured. The department shall select licensed real estate professionals who have demonstrated competence and qualifications to market and sell highway and turnpike funded surplus property.
IV. The department shall prepare a description of its procedures for procurement of professional real estate services. These descriptions shall be distributed to interested professionals subject to the provisions of this section.
V. The department shall negotiate a contract with the highest qualified firm for professional real estate services at compensation which the agency determines is fair and reasonable to the state. In making such determination, the department shall take into account the estimated value, scope, complexity, and professional nature of the services to be rendered.
VI. If the department is unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price determined to be fair and reasonable to the state, the department shall terminate negotiations with that firm. The department shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the department shall terminate negotiations. The department shall then undertake negotiations with the third most qualified firm.
VII. If the department is unable to negotiate a satisfactory contract with any of the selected firms, the department shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached.
VIII. All requests for disposal of surplus property owned by the department of transportation shall be reviewed and approved by the long range capital planning and utilization committee prior to submission to the governor and council for approval.
IX. The sale of surplus property owned by the department which was purchased with highway or turnpike fund money shall be exempt from review by the council on resources and development under RSA 162-C.
X. All proceeds from sales of surplus property owned by the department shall be deposited in the fund from which they originated.
Source. 2005, 212:2. 2006, 194:2, 3, eff. July 29, 2006.