6-13-5. Receipt of sealed bids--Sale to highest bidder--Absence of bids--Private sale.
Sealed bids received on the surplus property shall be filed with the fiscal officer of the political subdivision and shall be opened at a governing board meeting at the time specified in the notice required by §6-13-4, or the governing board may designate an official of the political subdivision and a witness to open all bids before the meeting of the governing board as specified in the notice required by §6-13-4. The governing board may reject any and all bids. However, if the governing board accepts a bid, it must be the bid of the highest bidder. If no bids are received, the governing board may have the surplus property reappraised pursuant to §6-13-2, or may, within twelve months thereafter, sell the property at private sale for not less than ninety percent of the appraised value without further publication or appraisal. If the property to be sold was created as a result of an educational program in a school, the school board may accept the highest bid or it may reject all bids and may sell the property at private sale without further publication.
Source: SL 1988, ch 64, §5; SL 1995, ch 36; SL 1996, ch 50; SL 2002, ch 38, §1.
Structure South Dakota Codified Laws
Title 6 - Local Government Generally
Chapter 13 - Disposal of Surplus Government Property
Section 6-13-1 - Disposition of surplus property.
Section 6-13-2 - Appraisal of value of surplus property--Filing of report.
Section 6-13-3 - Improvements appraised separately--Equipment and property not appraised.
Section 6-13-4 - Notice by publication of sale of surplus property--Exceptions.
Section 6-13-5 - Receipt of sealed bids--Sale to highest bidder--Absence of bids--Private sale.
Section 6-13-5.1 - Sale of property conveyed by a railroad.
Section 6-13-5.2 - Sale of government property at public auction or through broker--Offers--Notice.
Section 6-13-6 - Sale by auction--Notice by publication.
Section 6-13-7 - Persons prohibited from purchasing surplus property--Exception.
Section 6-13-8 - Deposit and credit of sale revenue.
Section 6-13-9 - Sale of real property under installment contract.
Section 6-13-10 - Acceptance of bid for installment contract.
Section 6-13-11 - Board approval of installment contract sales.
Section 6-13-12 - Full purchase price paid in cash--Execution of deed.
Section 6-13-13 - Less than full amount of purchase price in cash--Execution of contract for deed.
Section 6-13-14 - Transfer, license, or sale of computer software--Notice to board.