Okla. Stat. tit. 69, § 69-1001

A. The Transportation Commission shall have authority to sell

any lands, or interest therein, which may have been acquired for

highway purposes, or facilities necessary and incident thereto, and

any equipment, materials, or supplies which in the opinion of the

Commission are no longer serviceable, useful, or necessary for the

state highway system or the operation of the Department of

Transportation. Such authority shall be subject at all times to the

continuing right to the use of the lands by any entity operating a

sewer, water or gas system, telephone or electrical services, and by

public service corporations and rural electric and telephone

cooperatives for the construction, reconstruction, maintenance,

operation, and repair of their facilities of service which may be

upon the lands. However, any such land which was acquired by the

Commission from a governmental subdivision as a gift, or for a

Oklahoma Statutes - Title 69. Roads, Bridges, and Ferries Page 105

nominal consideration, may be reconveyed to the governmental

subdivision by the Commission, upon repayment by the governmental

subdivision to the Commission of any consideration for the original

conveyance.

B. Any surplus land which has been leased to a political

subdivision by the Commission may be sold and conveyed to the

political subdivision for the present fair market value as

determined by a competent appraisal and the political subdivision

may have credited toward the purchase price of any such property the

lease payments which the political subdivision shall have previously

made to the Commission.

C. Except as otherwise herein provided, the lands, materials,

equipment, and supplies shall be sold for cash to the highest and

best bidder after notice by publication in a newspaper published in

the county where the land is situated, or where the materials,

equipment, or supplies are located, in two consecutive weekly issues

of the newspaper.

D. 1. If the land originally comprised a partial taking,

leaving an abutting remainder, then prior to conducting such

advertisement and solicitation of bids for the sale of any lands or

interests therein, the Commission shall notify the person, firm, or

corporation which originally conveyed the property to the Commission

or present successor to the original remainder that same has been

declared surplus and is to be offered for sale. Such notice shall

be sent by registered mail addressed to the last-known address of

such person, firm, or corporation, with return receipt requested.

Such notice shall also be made available on the website of the

Department of Transportation. Such notice shall contain an offer to

sell such property to such person, firm, or corporation for an

amount not greater than the amount for which the property was

originally obtained by the Commission and having had no federal

funds used in the purchase of the property. The person, firm, or

corporation receiving such notice and offer shall be informed

therein that unless such person, firm, or corporation notifies the

Commission in writing within ninety (90) days from the date of

receipt of the notice that the Commission’s offer of sale is

accepted by such person, firm, or corporation, the Commission shall

proceed to sell the property at public auction as provided for in

this section. After the expiration of ninety (90) days from the

date of receipt of the notice by the person, firm, or corporation to

whom it is addressed, if such person, firm, or corporation has not

notified the Commission in writing of the acceptance of the

Commission’s offer of sale, the Commission shall proceed to sell

such property by public auction and no attempt to accept the

Commission’s offer by such person, firm, or corporation after the

expiration of such ninety (90) days shall be honored by the

Commission. However, such person, firm, or corporation may submit a
ration has not

notified the Commission in writing of the acceptance of the

Commission’s offer of sale, the Commission shall proceed to sell

such property by public auction and no attempt to accept the

Commission’s offer by such person, firm, or corporation after the

expiration of such ninety (90) days shall be honored by the

Commission. However, such person, firm, or corporation may submit a

Oklahoma Statutes - Title 69. Roads, Bridges, and Ferries Page 106

bid at the public auction of the property in the same manner as any

other qualified bidder.

2. If the land to be disposed of originally comprised a total

taking, leaving no abutting remainder, then, prior to conducting

such advertisement and solicitation of bids for the sale of lands or

interests therein, the Commission shall notify the person, firm, or

corporation which originally conveyed the property to the Commission

or present successor. The notice shall be sent by registered mail

addressed to the last-known address of such person, firm, or

corporation, with return receipt requested. Such notice shall also

be made available on the website of the Department of

Transportation. The notice shall contain an offer to sell such

property to such person, firm, or corporation subject to the same

conditions as set forth in paragraph 1 of this subsection. If such

person, firm, or corporation has not notified the Commission in

writing of the acceptance of the Commission’s offer of sale, and if

the land to be disposed of originally comprised a total taking of

less than three (3) acres, leaving only one abutting property owner

of record, then prior to conducting such advertisement and

solicitation of bids for the sale of any such lands or interest

therein, the Commission shall notify the sole abutting property

owner of record to the taking that such has been declared surplus

and is to be offered for sale. Such notice shall be sent by

registered mail addressed to the last-known address of such person,

firm, or corporation, with return receipt requested. Such notice

shall also be made available on the website of the Department of

Transportation. Such notice shall contain an offer to sell such

property to such person, firm, or corporation subject to the same

conditions as set forth in paragraph 1 of this subsection.

3. For the purposes of this section, the Commission shall not

distinguish between persons from whom surplus lands or interest

therein were acquired by negotiated sale or gift and persons from

whom such property was acquired by condemnation proceedings.

E. The Commission may, in its discretion, exchange any such

lands for other lands needed for highway purposes, or may lease or

rent any lands which are owned by the Department, and are not

immediately necessary for highway purposes, on such terms as the

Commission determines for the best interests of the state.

F. On an annual basis, for every parcel of land:

1. Owned by the Transportation Commission; and

2. Deemed surplus for ten (10) years or more,

the Commission shall submit a waiver request to the Federal Highway

Administration of the United States Department of Transportation

seeking exception from any federal regulation preventing the sale of

such land for less than fair market value.

G. When the Department of Transportation determines that any

equipment or vehicle becomes excess, obsolete, antiquated, unused,

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or otherwise surplus, the Department shall notify the Office of

Management and Enterprise Services in writing that such equipment or

vehicle is surplus. The notice shall identify:

1. The type, brand or make, and country of manufacture of the

equipment or vehicle;

2. The age of the equipment or vehicle including, but not

limited to, mileage;

3. Whether the equipment or vehicle is in good working

condition or not;

4. If the equipment or vehicle is not in good working
d Enterprise Services in writing that such equipment or

vehicle is surplus. The notice shall identify:

1. The type, brand or make, and country of manufacture of the

equipment or vehicle;

2. The age of the equipment or vehicle including, but not

limited to, mileage;

3. Whether the equipment or vehicle is in good working

condition or not;

4. If the equipment or vehicle is not in good working

condition, whether it is in repairable condition at reasonable cost;

5. Original cost of the equipment or vehicle; and

6. Present value of the equipment or vehicle, if known.

The Office of Management and Enterprise Services, with any other

notice of surplus property, shall notify the eligible individuals or

entities as provided in subsection H of this section of the

availability of the surplus property of the Department of

Transportation.

H. Prior to any advertised public auction or advertised sealed

bids to all individuals and entities eligible for participation in

the surplus program, the Department, thirty (30) days prior to the

advertised auction date, shall offer, at fair market value, the

equipment or vehicles to the individuals or entities, in the

following order of priority:

1. Other state agencies;

2. Political subdivisions of the state;

3. Rural fire departments located in this state; and

4. Rural water districts located in this state.

Any equipment or vehicles purchased pursuant to this subsection

shall be made available to the purchaser on the date of purchase.

I. The Department is authorized to act on behalf of the

Commission in transactions authorized pursuant to this section,

except as may be otherwise provided by rule or regulation of the

Commission; and, all prior transactions of the Department which are

otherwise in conformity with this section are deemed authorized and

approved.

J. When the Department of Transportation determines that any

road or bridge materials or supplies become excess, unused, or

otherwise surplus, the Department shall make such road or bridge

material or supplies available to all governmental entities eligible

for participation in the surplus program. The Department may be

reimbursed for any cost incurred in the recovery or storage of such

road or bridge material or supplies. The governmental entity

requesting the excess, unused, or otherwise surplus road or bridge

materials or supplies shall retrieve such materials or supplies from

the Department of Transportation within one hundred eighty (180)

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days from the completion of the project for which the materials or

supplies are declared excess or surplus.

The Department, upon request of a local government, may transfer

surplus bridge beams to the local government for use in the

construction or repair of public roadway bridges. The local

government shall not sell the surplus beams. Prior to the transfer,

the local government shall cause the surplus beams to be inspected

by a registered professional engineer. The local government shall

assume full responsibility for the cost of transporting the beams

and for the use of the beams including, but not limited to, the

proper removal and disposal of lead-based paint. The Department

shall retain the surplus beams for the requesting local government

for a period not exceeding one hundred eighty (180) days, after

which the Department may otherwise dispose of the surplus beams.