§ 3-17-66. Sale of independently unusable tracts.

(a)

Generally. Real property, other than the real property described in section 3-17-65 herein, and specifically properties which are small or narrow strips of land, so shaped or so small as to be incapable of being used independently as zoned or under applicable subdivision or other development ordinances or land use plans, or as streets may be disposed of by the county via the process set forth herein.

(b)

Declaration of unserviceability. Prior to offering a property for sale, the property must be declared surplus by the county board of commissioners in a regularly scheduled meeting.

(c)

Determination concerning abutting owner(s). Where the board of commissioners determines that the sale and conveyance of property set forth in paragraph (a) of this Code section will facilitate the enjoyment of the highest and best use of an abutting owner's or owners' property, such abutting owner(s) shall be given an opportunity to purchase said property as set forth in paragraph (d) of this Code section.

(d)

Notification to abutting owner(s). Following a declaration of unserviceability and a determination by the board of commissioners as set forth in subsection (c) above, the abutting owner(s) of the property to be sold will be notified in writing of the county's intent to sell since such owner(s) have the first right to purchase the property. When an entire parcel acquired by the county or any interest therein is being disposed of, it may be acquired by such abutting owner(s) at such price as may be agreed upon, but in no event less than the price paid for its acquisition. When only remnants or portions of the original acquisition are being disposed of, they may be acquired by such abutting owner(s) for the market value thereof at the time the county decides the property is no longer needed. Should more than one abutting property owner exist, the owner(s) of each abutting property may purchase an equal portion of the property. If the abutting owner(s) waives this right, then the property will be sold by competitive sealed bid or by public auction in accordance with O.C.G.A. § 36-9-3.

(Ord. No. 02-03, 3-4-2002)