DNA
SALE  OF  REAL  PROPERTY

Background

A.R.S. 15-342(10) authorizes the Governing Board to sell school sites, provided the requirements of A.R.S. 15-491 are met.

Note:  Arizona Attorney General Opinion No. 79-194 provides that "it is our assumption that a school site includes any property which has been, or is being, used for school purposes, or which was purchased with the intent to be used for that purpose."

There is no explicit statutory requirement that such sale be conducted pursuant to an auction or sealed bids.

This policy is meant to provide parameters for the sale of school sites to certain public-sector entities and certain nonprofit private-sector entities.  This policy is meant to complement, not replace, existing law.  For example, the conflict-of-interest provisions of A.R.S. 38-501 et seq., still apply.

Appraisal

Prior to selling real property, the Governing Board must have the property appraised by an independent, state licensed and certificated general real estate appraiser.  The date of the sale of the property must be no less than one hundred eighty (180) days after the date of the appraisal.

Sale  to  Nonprofit  Organization

The Governing Board, upon unanimous approval by all members of the Governing Board, may sell real property without public auction or competitive sealed bids to a charitable, social, or benevolent nonprofit organization incorporated or operating in the state of Arizona, but the sales price for such property must be greater than or equal to the appraised value of the property.

Sale  to  Public-Sector  Entity

The Governing Board, upon unanimous approval by all members of the Governing Board, may sell real property without public auction or competitive sealed bids to any other duly constituted governmental entity, including the State of Arizona, cities, towns, counties, or other political subdivision of the state of Arizona, but the sales price for such property must be greater than or equal to the appraised value of the property.

Adopted:  date of Manual adoption

LEGAL REF.:
A.R.S.
38-501 et seq.
A.G.O.
79-194