In certain cases, surplus property may be sold directly to a purchaser without an auction. This occurs when:
It is required by law.
Property purchased by the state after 1973 by way of "condemnation proceedings" must be used within 10 years of purchase. If not, the property must first be offered to the owner from which it was purchased.
The direct purchase price will be the original purchase price plus 7 percent simple interest per year of ODOT ownership.
Other government agencies have priority acquisition rights.
State law grants federal, state, county and city governments priority for sale to the public. ODOT must consider purchase offers from government agencies at fair market prices.
No bids were received at an auction.
If no bids were received at an auction, the property may be sold direct. The direct sale must occur within one year of the auction.
The purchaser is an adjoining land owner.
Direct sales may be made to an adjoining land owner if:
- The property has a market value of less than $5,000.
- One only adjoining land owner can or is willing to purchase the property.
- The property cannot be recognized as a visible, legal and independent site.