2005 Idaho Code - 31-1420 — PROCEDURE FOR SALE, CONVEYANCE AND DISPOSITION OF PROPERTY

                                  TITLE  31
                           COUNTIES AND COUNTY LAW
                                  CHAPTER 14
                           FIRE PROTECTION DISTRICT
    31-1420.  PROCEDURE FOR SALE, CONVEYANCE AND DISPOSITION OF PROPERTY. Real
or personal property of a fire protection district may be sold, conveyed, and
disposed of by its board of commissioners whenever the board finds and by
resolution declares that the district no longer has use therefor, subject to
the following procedure:
    (1)  If in the opinion of the board, any such personal property does not
exceed ten thousand dollars ($10,000) in value, the same may be sold without
independent appraisal, notice, or competitive bids.
    (2)  All such real property, and any such personal property that the board
determines to exceed ten thousand dollars ($10,000) in value, shall be
appraised by a certified appraiser who shall be selected by the board. It may
then be sold at public or private sale to the highest bidder for cash at not
less than its appraised value, after due notice. If the property cannot be
sold for the appraised value after reasonable efforts have been made, the
board may then sell the property for adequate and valuable consideration as
determined by the board.
    (3)  Due notice of sale shall be accomplished if the notice shall describe
the property to be sold (legal description, if real property), state the
appraised value thereof (by separate items, if so appraised), and specify the
time, place, and conditions of sale.
    (4)  Said notice shall be published in a newspaper having general
circulation in the district at least twice, the first publication thereof to
be not less than fifteen (15) days preceding the day of sale.
    (5)  If such property is sold on terms, the board may contract for the
sale of the same for a period of years not exceeding ten (10) years, with an
annual rate of interest on all deferred payments not to exceed twelve percent
(12%) per annum. The title to all property sold on contract shall be retained
in the name of the district until full payment has been made by the purchaser.
Any property sold by the board under the provisions of this section, either
for cash or on contract, shall be assessed by the county assessor in the same
manner and upon the same basis of valuation as though the purchaser held a
record title to the property so sold. The board shall have authority to cancel
any contract of sale, pursuant to law, if the purchaser shall fail to comply
with any of the terms of such contract, and retain all payments paid thereon.
The board may by agreement with the purchaser modify or extend any of the
terms of any contracts of sale, but the total period of years shall not exceed
ten (10) years.
    (6)  Upon final payment pursuant to the sale of such real property, the
president and secretary, pursuant to resolution of the board, shall duly
execute and deliver an appropriate deed to the purchaser, and upon the
accomplishment of the sale of such personal property, the president and
secretary, pursuant to resolution of the board, shall duly execute and deliver
an appropriate bill of sale to the purchaser.
    (7)  In addition to any other powers granted by law, the board of fire
commissioners may, at their discretion, grant to or exchange with the federal
government, the state of Idaho, any political subdivision, or taxing district
of the state of Idaho, with or without compensation, any real or personal
property or any interest in such property owned by the fire district or
acquired by tax deed, after adoption of a resolution that the grant or
exchange of property is in the public interest. Such resolution may be made at
any regularly or specially scheduled meeting of the board. Notice of such
grant or exchange shall be made in the same manner as set forth in subsections
(3) and (4) of this section. The fire protection district's execution and
delivery of the deed conveying an interest in the property shall operate to
discharge and cancel all levies, liens and taxes made or created for the
benefit of the fire protection district and to cancel all titles or claims of
title including claims of redemption to such real property asserted or
existing at the time of such conveyance.