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Citation/Title
ID ST Sec. 50-1401, Real property owned by cities -- Method of conveyance or
exchange
*20275 Idaho Code § 50-1401
WEST'S IDAHO CODE
TITLE 50. MUNICIPAL CORPORATIONS
CHAPTER 14. CONVEYANCE OF PROPERTY
Current through End of2001 Reg. Sess.
§ 50-1401. Real property owned by cities -- Method of conveyance or exchange
It is the intent of this chapter that cities of the state of Idaho shall have general authority to manage real property owned by
the city in ways which the judgment of the city council of each city deems to be in the public interest. The city council shall have
the power to sell, exchange or convey, by good and sufficient deed or other appropriate instrument in writing, any real property
owned by the city which is underutilized or which is not used for public purposes.
[50-1401, added 1967, ch. 429, sec. 244, p. 1249, am. 2001, ch. 331, sec. 1, p. 1161.]
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Copyright (c) West Group 2001 No claim to original U.S. Govt. works
Page 1
Citation/Title
ID ST Sec. 50-1402, Declaration of value of property
*20276 Idaho Code § 50-1402
WEST'S IDAHO CODE
TITLE 50. MUNICIPAL CORPORATIONS
CHAPTER 14. CONVEYANCE OF PROPERTY
Current through End of 2001 Reg. Sess.
§ 50-1402. Declaration of value of property
Whenever the city council proposes to convey, exchange or offer for sale any real property, it shall first declare the value or
minimum price, if any, it intends to receive as a result of such conveyance or exchange. The city council may contract for or
provide that the property be appraised under such terms and conditions as may be deemed appropriate by the city council. The
declaration, either in the form of a minimum dollar value, or an explanation of an intended exchange or conveyance for other than
monetary consideration shall be made on the record at a public meeting of the council. The city council may also declare that the
subject property will be offered for sale without establishing a minimum price.
Following a declaration of intent to sell or exchange real property, the clerk of the city shall publish a summary of the action
taken b the c' oun *1 in the official newspaper of the city and provide notice of—a public hearing belbre the city council. Notice
o pu lic healing concerning the proposed exchange or conveyance shall be published in the official newspaper of the city at
least fourteen (14) days prior to the date of the hearing.
[50-1402, added 1967, ch. 429, sec. 245, p. 1249; am. 2001, ch. 331, sec. 2, p. 1162.1
Search this disc for cases citing this section.
Copyright (c) West Group 2001 No claim to original U.S. Govt. works
Citation/Title
ID ST Sec. 50-1403, Disposition after hearing
*20277 Idaho Code § 50-1403
WEST'S IDAHO CODE
TITLE 50. MUNICIPAL CORPORATIONS
CHAPTER 14. CONVEYANCE OF PROPERTY
Current through End of 2001 Reg. Sess.
§ 50-1403. Disposition after hearing
Page 1
After a public hearing has been conducted, the city council may proceed to exchange, convey or offer, for sale the real
property in question, subject to the restrictions of section 50-1401, Idaho Code. The city council shall be governed by the following
provisions:
(1) When the property is offered for sale, the property shall be sold at a public auction to the highest bidder and no bids
shall be accepted for less than the minimum declared value previously recorded on the record at a public meeting of the council,
provided however, if no bids are received, the city council shall have the authority to sell such property as it deems in the best
interest of the city.
(2) When it is determined by the city council to be in the city's best interest that the property be offered for exchange, the
council may do all things necessary to exchange any property owned by the city for real property of equal value pursuant to terms
which shall be a matter of public record.
(3) When property is purchased, donated or otherwise conveyed to a city and the city has previously used federal funding to
acquire the property, with funds specifically designated for the purpose of assisting low- to moderate -income families with decent,
safe, affordable housing opportunities, the property may be sold, donated or otherwise conveyed directly to a low- to moderate -
income family, so long as the sale or conveyance is consistent with the applicable federal regulations under which the property was
obtained initially. In such instances, the city council shall pass an ordinance stating:
(a) That the property was acquired, in whole, with federal funds;
(b) That the property is to be sold or otherwise conveyed to a low- to moderate -income family;
(c) That the sale or conveyance is consistent with all applicable federal, state or local statutes, laws,
regulations and policies; and
(d) That the property may be offered for sale, donation or otherwise conveyed immediately upon the passing
of the ordinance.
(4) When it is determined by the city council to be in the city's best interest that a transfer or conveyance be made, the city
council may, by ordinance duly enacted, authorize the transfer or conveyance of any real property owned by such city to any tax
supported governmental unit, with or without consideration.
*20278 (5) When it is determined by the city council to be in the city's best interest, the city may transfer property to a
trustee for security purposes, or for purposes of accommodating a transaction, or for funding of construction of capital facilities on
city owned property.
Copyright (c) West Group 2001 No claim to original U.S. Govt. works