{"data":{"id":"us-ok/okla.-stat.-tit.-69-69-1001","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 69, § 69-1001","heading":"Sale, exchange or lease of unneeded property - Notice","body":"A. The Transportation Commission shall have authority to sell\n\nany lands, or interest therein, which may have been acquired for\n\nhighway purposes, or facilities necessary and incident thereto, and\n\nany equipment, materials, or supplies which in the opinion of the\n\nCommission are no longer serviceable, useful, or necessary for the\n\nstate highway system or the operation of the Department of\n\nTransportation. Such authority shall be subject at all times to the\n\ncontinuing right to the use of the lands by any entity operating a\n\nsewer, water or gas system, telephone or electrical services, and by\n\npublic service corporations and rural electric and telephone\n\ncooperatives for the construction, reconstruction, maintenance,\n\noperation, and repair of their facilities of service which may be\n\nupon the lands. However, any such land which was acquired by the\n\nCommission from a governmental subdivision as a gift, or for a\n\nnominal consideration, may be reconveyed to the governmental\n\nsubdivision by the Commission, upon repayment by the governmental\n\nsubdivision to the Commission of any consideration for the original\n\nconveyance.\n\nB. Any surplus land which has been leased to a political\n\nsubdivision by the Commission may be sold and conveyed to the\n\npolitical subdivision for the present fair market value as\n\ndetermined by a competent appraisal and the political subdivision\n\nmay have credited toward the purchase price of any such property the\n\nlease payments which the political subdivision shall have previously\n\nmade to the Commission.\n\nC. Except as otherwise herein provided, the lands, materials,\n\nequipment, and supplies shall be sold for cash to the highest and\n\nbest bidder after notice by publication in a newspaper published in\n\nthe county where the land is situated, or where the materials,\n\nequipment, or supplies are located, in two consecutive weekly issues\n\nof the newspaper.\n\nD. 1. If the land originally comprised a partial taking,\n\nleaving an abutting remainder, then prior to conducting such\n\nadvertisement and solicitation of bids for the sale of any lands or\n\ninterests therein, the Commission shall notify the person, firm, or\n\ncorporation which originally conveyed the property to the Commission\n\nor present successor to the original remainder that same has been\n\ndeclared surplus and is to be offered for sale. Such notice shall\n\nbe sent by registered mail addressed to the last-known address of\n\nsuch person, firm, or corporation, with return receipt requested.\n\nSuch notice shall also be made available on the website of the\n\nDepartment of Transportation. Such notice shall contain an offer to\n\nsell such property to such person, firm, or corporation for an\n\namount not greater than the amount for which the property was\n\noriginally obtained by the Commission and having had no federal\n\nfunds used in the purchase of the property. The person, firm, or\n\ncorporation receiving such notice and offer shall be informed\n\ntherein that unless such person, firm, or corporation notifies the\n\nCommission in writing within ninety (90) days from the date of\n\nreceipt of the notice that the Commission’s offer of sale is\n\naccepted by such person, firm, or corporation, the Commission shall\n\nproceed to sell the property at public auction as provided for in\n\nthis section. After the expiration of ninety (90) days from the\n\ndate of receipt of the notice by the person, firm, or corporation to\n\nwhom it is addressed, if such person, firm, or corporation has not\n\nnotified the Commission in writing of the acceptance of the\n\nCommission’s offer of sale, the Commission shall proceed to sell\n\nsuch property by public auction and no attempt to accept the\n\nCommission’s offer by such person, firm, or corporation after the\n\nexpiration of such ninety (90) days shall be honored by the\n\nCommission. However, such person, firm, or corporation may submit a\nration has not\n\nnotified the Commission in writing of the acceptance of the\n\nCommission’s offer of sale, the Commission shall proceed to sell\n\nsuch property by public auction and no attempt to accept the\n\nCommission’s offer by such person, firm, or corporation after the\n\nexpiration of such ninety (90) days shall be honored by the\n\nCommission. However, such person, firm, or corporation may submit a\n\nbid at the public auction of the property in the same manner as any\n\nother qualified bidder.\n\n2. If the land to be disposed of originally comprised a total\n\ntaking, leaving no abutting remainder, then, prior to conducting\n\nsuch advertisement and solicitation of bids for the sale of lands or\n\ninterests therein, the Commission shall notify the person, firm, or\n\ncorporation which originally conveyed the property to the Commission\n\nor present successor. The notice shall be sent by registered mail\n\naddressed to the last-known address of such person, firm, or\n\ncorporation, with return receipt requested. Such notice shall also\n\nbe made available on the website of the Department of\n\nTransportation. The notice shall contain an offer to sell such\n\nproperty to such person, firm, or corporation subject to the same\n\nconditions as set forth in paragraph 1 of this subsection. If such\n\nperson, firm, or corporation has not notified the Commission in\n\nwriting of the acceptance of the Commission’s offer of sale, and if\n\nthe land to be disposed of originally comprised a total taking of\n\nless than three (3) acres, leaving only one abutting property owner\n\nof record, then prior to conducting such advertisement and\n\nsolicitation of bids for the sale of any such lands or interest\n\ntherein, the Commission shall notify the sole abutting property\n\nowner of record to the taking that such has been declared surplus\n\nand is to be offered for sale. Such notice shall be sent by\n\nregistered mail addressed to the last-known address of such person,\n\nfirm, or corporation, with return receipt requested. Such notice\n\nshall also be made available on the website of the Department of\n\nTransportation. Such notice shall contain an offer to sell such\n\nproperty to such person, firm, or corporation subject to the same\n\nconditions as set forth in paragraph 1 of this subsection.\n\n3. For the purposes of this section, the Commission shall not\n\ndistinguish between persons from whom surplus lands or interest\n\ntherein were acquired by negotiated sale or gift and persons from\n\nwhom such property was acquired by condemnation proceedings.\n\nE. The Commission may, in its discretion, exchange any such\n\nlands for other lands needed for highway purposes, or may lease or\n\nrent any lands which are owned by the Department, and are not\n\nimmediately necessary for highway purposes, on such terms as the\n\nCommission determines for the best interests of the state.\n\nF. On an annual basis, for every parcel of land:\n\n1. Owned by the Transportation Commission; and\n\n2. Deemed surplus for ten (10) years or more,\n\nthe Commission shall submit a waiver request to the Federal Highway\n\nAdministration of the United States Department of Transportation\n\nseeking exception from any federal regulation preventing the sale of\n\nsuch land for less than fair market value.\n\nG. When the Department of Transportation determines that any\n\nequipment or vehicle becomes excess, obsolete, antiquated, unused,\n\nor otherwise surplus, the Department shall notify the Office of\n\nManagement and Enterprise Services in writing that such equipment or\n\nvehicle is surplus. The notice shall identify:\n\n1. The type, brand or make, and country of manufacture of the\n\nequipment or vehicle;\n\n2. The age of the equipment or vehicle including, but not\n\nlimited to, mileage;\n\n3. Whether the equipment or vehicle is in good working\n\ncondition or not;\n\n4. If the equipment or vehicle is not in good working\nd Enterprise Services in writing that such equipment or\n\nvehicle is surplus. The notice shall identify:\n\n1. The type, brand or make, and country of manufacture of the\n\nequipment or vehicle;\n\n2. The age of the equipment or vehicle including, but not\n\nlimited to, mileage;\n\n3. Whether the equipment or vehicle is in good working\n\ncondition or not;\n\n4. If the equipment or vehicle is not in good working\n\ncondition, whether it is in repairable condition at reasonable cost;\n\n5. Original cost of the equipment or vehicle; and\n\n6. Present value of the equipment or vehicle, if known.\n\nThe Office of Management and Enterprise Services, with any other\n\nnotice of surplus property, shall notify the eligible individuals or\n\nentities as provided in subsection H of this section of the\n\navailability of the surplus property of the Department of\n\nTransportation.\n\nH. Prior to any advertised public auction or advertised sealed\n\nbids to all individuals and entities eligible for participation in\n\nthe surplus program, the Department, thirty (30) days prior to the\n\nadvertised auction date, shall offer, at fair market value, the\n\nequipment or vehicles to the individuals or entities, in the\n\nfollowing order of priority:\n\n1. Other state agencies;\n\n2. Political subdivisions of the state;\n\n3. Rural fire departments located in this state; and\n\n4. Rural water districts located in this state.\n\nAny equipment or vehicles purchased pursuant to this subsection\n\nshall be made available to the purchaser on the date of purchase.\n\nI. The Department is authorized to act on behalf of the\n\nCommission in transactions authorized pursuant to this section,\n\nexcept as may be otherwise provided by rule or regulation of the\n\nCommission; and, all prior transactions of the Department which are\n\notherwise in conformity with this section are deemed authorized and\n\napproved.\n\nJ. When the Department of Transportation determines that any\n\nroad or bridge materials or supplies become excess, unused, or\n\notherwise surplus, the Department shall make such road or bridge\n\nmaterial or supplies available to all governmental entities eligible\n\nfor participation in the surplus program. The Department may be\n\nreimbursed for any cost incurred in the recovery or storage of such\n\nroad or bridge material or supplies. The governmental entity\n\nrequesting the excess, unused, or otherwise surplus road or bridge\n\nmaterials or supplies shall retrieve such materials or supplies from\n\nthe Department of Transportation within one hundred eighty (180)\n\ndays from the completion of the project for which the materials or\n\nsupplies are declared excess or surplus.\n\nThe Department, upon request of a local government, may transfer\n\nsurplus bridge beams to the local government for use in the\n\nconstruction or repair of public roadway bridges. The local\n\ngovernment shall not sell the surplus beams. Prior to the transfer,\n\nthe local government shall cause the surplus beams to be inspected\n\nby a registered professional engineer. The local government shall\n\nassume full responsibility for the cost of transporting the beams\n\nand for the use of the beams including, but not limited to, the\n\nproper removal and disposal of lead-based paint. The Department\n\nshall retain the surplus beams for the requesting local government\n\nfor a period not exceeding one hundred eighty (180) days, after\n\nwhich the Department may otherwise dispose of the surplus beams.","path":["OK Code","Title 69"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os69.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"7bd37eb13dbf65749c19b7c64faf7ccac2d7d0f759d2fb0fde7ccbe5dbec1e30","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-69-635","next":"us-ok/okla.-stat.-tit.-69-69-1002"},"notice":"GroundRules: Original legal text. Not legal advice."}