23 CFR 710.409 - Disposals.

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§ 710.409 Disposals.
(a) Real property interests determined to be excess to transportation needs may be sold or conveyed to a public entity or to a private party in accordance with § 710.403(d).
(b) Federal, State, and local agencies shall be afforded the opportunity to acquire real property interests considered for disposal when such real property interests have potential use for parks, conservation, recreation, or related purposes, and when such a transfer is allowed by State law. When this potential exists, the STD shall notify the appropriate resource agencies of its intentions to dispose of the real property interests. The notifications can be accomplished by placing the appropriate agencies on the States' disposal notification listing.
(c) Real property interests may be retained by the STD to restore, preserve, or improve the scenic beauty and environmental quality adjacent to the transportation facility.
(d) Where the transfer of properties to other agencies at less than fair market value for continued public use is clearly justified as in the public interest and approved by the FHWA, the deed shall provide for reversion of the property for failure to continue public ownership and use. Where property is sold at fair market value no reversion clause is required. Disposal actions described in 23 CFR 710.403(d)(1) for less than fair market value require a public interest determination and FHWA approval, consistent with that section.
[64 FR 71290, Dec. 21, 1999, as amended at 67 FR 12863, Mar. 20, 2002]

Title 23 published on 2014-04-01.

No entries appear in the Federal Register after this date, for 23 CFR Part 710.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
U.S. Code: Title 23 - HIGHWAYS

Title 23 published on 2014-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 23 CFR Part 710 after this date.

  • 2014-11-24; vol. 79 # 226 - Monday, November 24, 2014
    1. 79 FR 69998 - Right-of-Way and Real Estate
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Highway Administration
      Notice of proposed rulemaking (NPRM).
      Comments must be received by January 23, 2015. Late-filed comments will be considered to the extent practicable.
      23 CFR Parts 635, 710, and 810