(a) Applicability. Except as set forth in §§ 8-3-201 through 8-3-203, real property owned by the County shall be disposed of as set forth in this section.
(b) Procedure. If the County Executive seeks to dispose of real property owned by the County, the procedure shall be as follows.
(1) The Central Services Officer shall make a preliminary determination as to whether the real property may be surplus.
(2) (i) The Real Estate Division shall poll the Office of Central Services, the Office of Planning and Zoning, the departments listed in § 2-1-103(b) of this Code, Arundel Community Development Services, Inc., and the Housing Commission of Anne Arundel County as to a need for the real property;
(ii) An agency head or the agency head’s designee may respond on behalf of the agency; and
(iii) Based on the polling results, the Chief Administrative Officer shall make a final decision as to whether the real property is surplus, contingent on approval of the County Council as required in this section.
(3) (i) If the real property is determined to be surplus, the Real Estate Division shall establish the value of the real property through one independent appraisal if the estimated value is less than $100,000, or by the average of two or more independent appraisals if the estimated value is $100,000 or more.
(ii) Appraisals shall be valid for 18 months from the date of the appraisal.
(4) The Real Estate Division shall choose a method of sale for the real property, as follows:
(i) If the appraised value of the real property is less than $100,000 the property shall be sold through a competitive solicitation of offers or through the negotiation of a private disposition; and
(ii) If the appraised value of the real property is $100,000 or more, the real property may be sold at auction, through a competitive solicitation of offers, through a real estate broker chosen by the Real Estate Division, or through the negotiation of a private disposition.
(5) Prior to conducting the sale, the Real Estate Division shall give notice that the County is planning to surplus the real property and dispose of it through the specified method of sale to: the owners of real property within 300 feet of the lot lines of the County-owned real property; the community association or homeowners association for the community in which the county-owned real property is located, if any; and the Councilmember representing the district in which the County-owned real property is located.
(6) The Real Estate Division shall advertise the sale of the real property on the County’s website, including the method of sale, information on how to participate in the purchase and sale of the real property, all deadlines for participating in the purchase and sale of the real property, and a statement that the sale is contingent on the approvals required under this section.
(7) Once the sale process has concluded, the Real Estate Division shall obtain the approval of the Chief Administrative Officer for the proposed disposition of the real property.
(8) If there are no offers for the real property or if the Chief Administrative Officer does not approve the proposed disposition of the real property, the County Executive may seek approval of the County Council by resolution of the determination of the real property as surplus.
(9) If the Chief Administrative Officer and the County Executive approve the proposed disposition of the real property:
(i) the Real Estate Division shall give notice of the proposed disposition to the owners of real property within 300 feet of the lot lines of the County-owned real property, the community association or homeowners association for the community in which the County-owned real property is located, if any, and the Councilmember representing the district in which the County-owned real property is located, and shall include a statement that objections may be submitted to the Chief Administrative Officer, including an email address and mailing address, by a specified date;
(ii) the Real Estate Division shall advertise the proposed disposition on the County’s website and shall include a statement that objections may be submitted to the Chief Administrative Officer, including an email address and mailing address, by a specified date;
(iii) after the date specified, the Chief Administrative Officer shall review any objections and determine if the proposed disposition may proceed; and
(iv) if the Chief Administrative Officer determines that the proposed disposition may proceed, the County Executive shall seek approval of the County Council by resolution of the determination of the real property as surplus and of the terms of the disposition of the real property.
(Bill No. 79-23)