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HomeMy WebLinkAbout16.16 Sale of Properties POLICY Section Policy No. Page 1<neehill Financial 16-16 1 of 4 COUNTY Policy Title Date: Motion No. Disposition of Surplus Lands Policy May 11, 2021 225/21 Purpose: To provide guidelines, process and accountabilities for the disposition of lands by Kneehill County. Policy Guidelines: The County shall dispose of land in a manner that maximizes its long term strategic and/or economic advantage.The County shall also conduct all transactions in a consistent,transparent and equitable manner where possible.This policy does not apply to lands subject to sale for tax arrears,which will be subject to the procedures under the Municipal Government Act. Policy Procedure: 1. Municipal Acquisition after Public Auction a) After the tax sale has been held, any lands not sold at Public Auction will be brought to Council for review. Council will provide direction as to whether the County should acquire the lands. Following Council's direction, Administration will follow the requirements of the Municipal Government Act legislation. 2. Municipally Owned Lands a) The County may dispose of Land: i. Pursuant to this policy, need or opportunity, based on connection to municipal purposes and support for Council approved programs, projects or policies; and ii. At the highest possible negotiated price, and greatest economic advantage to the County; and iii. At a point in time that the CAO or designate considers optimal current market conditions; and iv. Subject to Council approval. b) Prior to selling any land, Council shall by resolution or by-law, declare the land to be surplus to the needs of the county. c) Prior to any disposition of land, highest and best use of the land is to be considered as a target value.The Council may obtain or require an appraisal or letter of opinion of the fair market value from: i. An independent, qualified appraiser who may be in good standing with the Appraisal Institute of Canada; or ii. A real estate broker or independent agent; or iii. Any other qualified person deemed qualified for this purpose, including a land/tax assessor. POLICY Section Policy No. Page Financial 16-16 2 of 4 Policy Title Date: Motion No, Disposition of Surplus Lands Policy May 11, 2021 225/21 d) The County may publish a notice in the newspaper and on the County's website. In the case were the sale is by Tender or other means of public sale the County must give notice and advertise, meeting all requirements of the Municipal Government Act. e) Dispositions of reserve land may proceed only in accordance with the Municipal Government Act. f) Most land disposals shall proceed at Market Value, at minimum, and in consideration of full cost recovery. Intended dispositions at less than Market Value shall be governed by the requirements of the Municipal Government Act. g) All reasonable fees, costs and expenses incurred by the county in relation to land identified for disposition, even if the land is disposed of at a nominal value, shall be identified for recovery from the purchaser on or before the closing date. h) Proceeds from the disposition of land shall replenish the County's financial reserves for future uses, unless otherwise directed by Council. i) Where the County intends to dispose of land that had been acquired through donation or other gratuitous means, subject to the conditions of that original acquisition,the County may consider whether the land should be: i. Transferred at no cost to another level of government, local school board or recognized authority; or ii. Re-conveyed to the owner, or successor in title, who conveyed the land gratuitously, provided all costs to recover the lands are borne by the owner; or iii. Disposed of at or above Market Value. j) Environmentally or culturally sensitive areas as being worthy of protection shall be transferred only to appropriate organizations, such as conservation authorities or other levels of government, or otherwise subject to special conditions such as an ongoing easement. k) Any public road or right of way that is closed or otherwise declared Surplus Property may be presented for sale. Notice of the County's intent to sell shall be first provided to the adjacent owner(s). If the County does not receive an acceptable offer from an adjacent owner within the time provided by the County,the property may be placed for sale on the open market.This process would also apply to land parcel that are land locked or otherwise not developable. 3. Ongoing Use Guidelines a) When County owned land is not required for immediate use, but may be required to meet identified long term needs,the land may be offered for lease, license or other arrangement allowing for its temporary use by another party. b) Leases, licenses, easements, or other similar arrangements shall be at or above Market Value, unless: i. The agreement is with another level of government; or ii. A reciprocal agreement has been entered into by the County, such as an agreement with a school board; or iii. The agreement is with a not-for-profit organization that actively provides services which supplement County services. POLICY Section Policy No. Page Financial 16-16 3 of 4 Policy Title Date: Motion No. Disposition of Surplus Lands Policy May 11, 2021 225/21 c) The County may grant an easement interest: i. If the easement is considered appropriate by the County; ii. If the granting of the easement does not render the retained County land no longer viable for the use for which the land was obtained; and iii. If it is determined that the location of the easement has limited or no impact on the future value or future County development of the lands over which the easement is sought. 4. Marketing Properties a) All properties which Council determines to be available for sale will be posted on a land sale list, including the market value price or reserve price which will apply.The reserve bid shall be determined by Council. b) The list will be made available on the County's web page. c) The list may be published in the County's weekly newspaper advertisement as needed. 5. Terms of Sale a) All offers to purchase are subject to final approval by County Council. b) Kneehill County will accept a minimum of 10%deposit of the full purchase price.The deposit will hold the property for a period of 10 days to allow the potential purchaser to make arrangements for the full payment. After the 10 day waiting period the property will revert back to the Land Sale List and become available for purchase or will be brought to Council for approval of purchase.The 10%deposit will be returned if the sale falls through. c) The Purchaser shall pay all costs associated with transferring the title. d) Cash payment in full must be received before transfer of title to the purchaser. The signatures on all listings and offers to purchase agreements are as per the Signing Authorities Policy(#16- 9). /1/1J/ ' Jerry Wi tstack, Mike Haugen, Reeve CAO Approved: December 16, 2014 444/14 Approved: May 11, 2021 225/21 Review Date: May 11,2025 POLICY Section Policy No. Page Financial 16-16 4 of 4 Policy Title Date: Motion No. Disposition of Surplus Lands Policy May 11, 2021 225/21