[RSA 162-Y:2 repealed by 2026, 335:24, effective July 1, 2031.]
162-Y:2 Transfer of Property. –
The provisions of RSA 4:40 and 4:39-c notwithstanding, the governor and council may transfer surplus state owned property to the authority for certain uses consistent with the authority's purpose under the following procedure:
I. The authority shall petition the department to acquire property the authority determines to be suitable for purposes authorized by RSA 162-A:6, V, VI, VII, VIII, XIV, and XXIII, and such petition shall include a certification of the authority's intention to use the property for such authorized purposes. The petition shall also state whether the authority desires to lease or purchase the property from the department.
II. The department shall, in response to such petition, notify the authority in writing whether the department considers the property surplus and whether it agrees with the authority's determination that the property is suitable for use or uses authorized by RSA 162-A:6, V, VI, VII, VIII, XIV, and XXIII. This determination shall be at the department's sole discretion.
III. If the department considers the property surplus and suitable for the authority's intended use or uses, the department may decide to lease or sell the property to the authority. Upon making such determination, the department shall include in its written notice any terms and conditions of such transfer, including the price as provided for by RSA 162-Y:3.
IV. If the department and the authority reach an agreement on the transfer of the property, the department may submit the proposed transfer to the committee for review of whether the property is no longer needed by the state.
V. If the committee has already determined that the property is surplus under the processes set forth in RSA 4:39-c or RSA 4:40, then the committee's review shall be limited to whether any circumstances have changed that would affect its original determination. If the committee determines the property is surplus, it shall notify the authority and the department. The department may then request that the governor and council approve the agreement to transfer, and the same shall be effective upon approval.
VI. The department may, at any time prior to approval of the governor and council, rescind any agreement with the authority. Nothing herein shall require the department to transfer property to the authority.