[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR710.409]

[Page 346]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 710_RIGHT-OF-WAY AND REAL ESTATE--Table of Contents
 
                   Subpart D_Real Property Management
 
Sec. 710.409  Disposals.

    (a) Real property interests determined to be excess to 
transportation needs may be sold or conveyed to a public entity or to a 
private party in accordance with Sec. 710.403(d).
    (b) Federal, State, and local agencies shall be afforded the 
opportunity to acquire real property interests considered for disposal 
when such real property interests have potential use for parks, 
conservation, recreation, or related purposes, and when such a transfer 
is allowed by State law. When this potential exists, the STD shall 
notify the appropriate resource agencies of its intentions to dispose of 
the real property interests. The notifications can be accomplished by 
placing the appropriate agencies on the States' disposal notification 
listing.
    (c) Real property interests may be retained by the STD to restore, 
preserve, or improve the scenic beauty and environmental quality 
adjacent to the transportation facility.
    (d) Where the transfer of properties to other agencies at less than 
fair market value for continued public use is clearly justified as in 
the public interest and approved by the FHWA, the deed shall provide for 
reversion of the property for failure to continue public ownership and 
use. Where property is sold at fair market value no reversion clause is 
required. Disposal actions described in 23 CFR 710.403(d)(1) for less 
than fair market value require a public interest determination and FHWA 
approval, consistent with that section.

[64 FR 71290, Dec. 21, 1999, as amended at 67 FR 12863, Mar. 20, 2002]

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