CAL(LEGAL) - APPROPRIATIONS AND REVENUE SOURCES: SALE, TRADE, OR LEASE OF COLLEGE-OWNED PROPERTY

Publication of Notice

Exceptions

Generally

  1. Narrow strips of land, or land that because of its shape, lack of access to public roads, or small area cannot be used independently under its current zoning or under applicable subdivision or other development control ordinances;
  2. Streets or alleys, owned outright or used by easement;
  3. Land or a real property interest originally acquired for streets, rights-of-way, or easements that the political subdivision chooses to exchange for other land to be used for streets, rights-of-way, easements, or other public purposes, including transactions partly for cash;
  4. Land that the political subdivision wants to have developed by contract with an independent foundation;
  5. A real property interest conveyed to a governmental entity that has the power of eminent domain; or
  6. The land or interests described by items 1 and 2 above may be sold to:
    1. Abutting property owners in the same subdivision if the land has been subdivided; or
    2. Abutting property owners in proportion to their abutting ownership, and the division between owners must be made in an equitable manner.

Local Gov't Code 272.001(b)–(d)

Other Higher Education Institutions

Other Political Subdivisions

  1. The land or interest will be used by the political subdivision to which it is donated or sold in carrying out a purpose that benefits the public interest of the donating or selling political subdivision;
  2. The donation or sale of the land or interest is made under terms that effect and maintain the public purpose for which the donation or sale is made; and
  3. The title and right to possession of the land or interest revert to the donating or selling political subdivision if the acquiring political subdivision ceases to use the land or interest in carrying out the public purpose.

Local Gov't Code 272.001(l)

Property Acquired Through Eminent Domain

  1. The public use for which the property was acquired through eminent domain is canceled;
  2. No actual progress is made toward the public use during a prescribed period of time; or
  3. The property is unnecessary for the public use.

Tex. Const. Art. III, § 52j

Lease of Property to a Governmental Entity

  1. Lease property owned by the political subdivision to another political subdivision or an agency of the state or federal government; or
  2. Make an agreement to provide office space in property owned by the political subdivision to the other political subdivision or agency.
  1. Shall determine the terms of the lease or agreement so as to promote and maintain the public purpose;
  2. May provide for the lease of the property or provision of the office space at less than fair market value; and
  3. Is not required to comply with any competitive purchasing procedure or any notice and publication requirement imposed by this chapter or other law.

Local Gov't Code 272.005

Sharing of Underused Classrooms

Education Code 51.975

Note: Regarding geospatial data products, see CRA.

North Central Texas College

CAL(LEGAL)-LJC

UPDATE 30

DATE ISSUED: 3/27/2015