CHAPTER 38

(SB 129)

Surplus property sale provisions revised.


         ENTITLED, An Act to  revise the provisions related to the sale of surplus property.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 6-13-5 be amended to read as follows:

     6-13-5.   Sealed bids received on the surplus property shall be filed with the fiscal officer of the political subdivision and shall be opened at a governing board meeting at the time specified in the notice required by §  6-13-4, or the governing board may designate an official of the political subdivision and a witness to open all bids before the meeting of the governing board as specified in the notice required by §  6-13-4. The governing board may reject any and all bids. However, if the governing board accepts a bid, it must be the bid of the highest bidder. If no bids are received, the governing board may have the surplus property reappraised pursuant to §  6-13-2, or may, within twelve months thereafter, sell the property at private sale for not less than ninety percent of

the appraised value without further publication or appraisal. If the property to be sold was created as a result of an educational program in a school, the school board may accept the highest bid or it may reject all bids and may within twelve months thereafter sell the property at private sale without further publication.

     Signed February 15, 2002.
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