(a) Any disposition of public lands shall
require public notices as prescribed in the following paragraphs. In addition
to giving public notice, any public notice required under this section shall
also be posted on the Internet in an easily-located manner, or on the
department's website.
(b) Each
notice of proposed lease disposition shall contain the following-information:
(1) General information regarding all the
parcels or lots offered for lease, such as time and place of disposition, terms
and conditions of disposition, qualification of applicants, procedure for
filing application, conditions of award, if any and time and place at which
more detailed information regarding the lease disposition may be
obtained;
(2) Specific information
pertaining to the individual parcels or lots offered for lease such as the
parcel or lot number, its description, location and area, minimum, base, or
upset rental, basis for additional rent if any, method of payment, purpose for
which leased, the term of lease, building requirement, and other such covenants
and conditions; and
(3) The
lessee's responsibility for applicable lease disposition costs pursuant to
section
4-158-3.
(c)
Auctions. Public notice of any proposed disposition by auction shall be given
at least once in the land district where the land being disposed of is located.
Notice of the auction shall contain in addition to information in subsection
(a) the following:
(1) General description of
the land, including the address and tax map key;
(2) Specific use for which the disposition is
intended;
(3) Minimum upset price
or rental; and
(4) The maps showing
the metes and bounds description and the classification of the land shall be
kept in the division or its land agent in the land district in which the land
is situated, and shall be available for inspection at normal business
hours.
(d) Drawings.
Whenever a disposition by drawing by lots is proposed, notice inviting
applications to participate in the drawing shall be given at least once in the
land district where the land being disposed of is located. The notice shall
contain, in addition to information in subsection (a):
(1) The qualifications required;
(2) A general location and tax map
key;
(3) The specific use for which
the disposition is intended;
(4)
Base rental to be charged, and basis for additional rent, if any; and
(5) The date by which all applications shall
be filed, which date shall be not less than fourteen days after the last
publication date.
Within not more than one hundred twenty days after the
closing date for applications, the administrator shall select those qualified
to participate in the drawing, notify all applicants as to whether or not they
qualified, and conduct the drawing. The notice of selection of applicants
qualified to participate in the drawing, together with the notice of drawing,
shall be mailed to each applicant, whether or not the applicant in fact
qualified. The notice of the drawing shall state the time and place of the
drawing. Upon completion of the drawing, the award of leases shall be,
announced at the next regularly scheduled meeting of the board and the lease
issued when conditions of the award are fulfilled.
(e) Negotiation. Public notice of a proposed
disposition by negotiation shall be given at least once in the land district
-where the land being disposed of is located; provided that the notices are not
required for permits, and dispositions of remnants. The notice shall invite
proposals and state in general the terms and conditions that will be negotiable
and those terms which shall be predetermined and the last date on which
application will be received by the department which date shall not be less
than thirty days after the last date of the notice. The notice shall also state
the times and places at which more detailed information with respect to the
sale or lease may be secured by interested person. If more than one applicant
qualifies then the administrator shall review and may recommend to the board
for approval to negotiate the best terms.
