Sec. 34.02.02.04. Reporting Excess Property

A. Once a State agency has determined that real property under its control and jurisdiction is excess property, it shall report that property to the Department of Planning. This report shall include the following information:

(1) Size, location, and general description;

(2) Adequate map, plat, plan sheet, or mosaic showing the property, including structures located on it;

(3) Access to the property;

(4) Availability of utilities (water, sewer, electricity), if known;

(5) Date of availability;

(6) Any known interest in the excess property;

(7) If structures are involved, a general description of the physical condition of the structures, floor plans, and an indication of the potential use of the structures as office space or other appropriate use;

(8) Any other special characteristics of the property which might be of interest to potential applicants, e.g., flood plain, wetlands;

(9) For State Highway Administration property, price and conditions if property is acquired by another State agency or political subdivision;

(10) Name of the person to be contacted if additional information is required.

B. Upon receipt of this information, the Department of Planning will make a preliminary site survey report on the property.

C. Upon completion of this survey and within 10 days of receipt, the Department of Planning will notify all State agencies whose functions require the use of real property, and appropriate county and municipal executive authorities, of the availability of the excess property, including the site survey report, to determine the interest which each may have in acquiring the property. For excess property located in Montgomery and Prince George's counties, the notification of availability will also be sent to the Maryland-National Capital Park and Planning Commission and the Washington Suburban Sanitary Commission.

D. State and local agencies are encouraged to inspect the property if it appears from the descriptive data provided that any part or all of the property may be suitable to meet current or future agency needs. If additional information is desired, direct communication should be made with the designated contact person.

E. State agencies and county and municipal executive authorities shall submit their indications of interest in acquiring the property, to include negative interest, within 30 days of the date of the Department of Planning's notification of availability. If interested in acquiring the property, the response shall include the following information:

(1) Contemplated use of the property;

(2) Whether funds are currently available for acquisition of the property; if not, the period of time required to obtain funds, if applicable;

(3) The name of the grantee to appear on the deed of conveyance, as applicable.

F. Upon receipt of replies, the Department of Budget and Management, after consultation with the Department of General Services, will make a recommendation to the Board of Public Works as to what disposition should be made of the property. This will include a recommendation as to which agency should have priority of acquisition if there are unresolved competing interests in the property. This recommendation will be made through the agenda of the Department of Transportation when the holding or using agency is the Department of Transportation (including its modal administrations), and through the agenda of the Department of General Services when the holding or using agency is any other State agency. Copies of the recommendation will be provided to the State agency reporting the excess property and all agencies who have indicated an interest in the property.

G. Determination by the Board of Public Works.

(1) The Board of Public Works shall determine whether the property should be:

(a) Disposed of to a State agency, county, or municipality, including certain conditions;

(b) Retained by the State for possible future use, including the State agency to have control and jurisdiction over the property; or

(c) Declared surplus and disposed of to other than a State agency, county, or municipality in accordance with the conditions it may require.

(2) This determination shall be forwarded to the Department of Transportation or the Department of General Services, as appropriate, with copies to the Department of Budget and Management and the Department of Planning.