solid waste management
plan
(NOW: state land lease assignment; municipalities)
· If a default of a lease of state land occurs during the first year of the lease agreement or within four years of the first anniversary date of the lease agreement, a lease may assigned to a city or town if the following conditions are met:
a. the state land is located either entirely within or adjacent to the municipality
b. no portion of the state land is contained within any other municipality
c. the municipality consents to be bound by the lease terms and conditions
d. the State Land Commissioner determines that the assignment of the lease to the municipality is in the best interest of the state land trust.
· The State Land Commissioner may assign a defaulted lease to a city or town (who has submitted a written request to the commissioner) without the consent of the defaulting lessee, if a notice of default has been sent and has not been cured according to existing statutory procedures and timeframes. The city or town has to cure the default.
· An assignment is an option to the existing statutory procedures for a cancellation.
· If there is an assignment, the Commissioner shall make a formal order and mail notice to the defaulting lessee. The defaulting lessee is permitted to remove any improvements within 60 days after the date of assignment.
· The lessee and the lessee’s mortgagees and lienholders may appeal an assignment via judicial review of administrative decisions. If no timely appeal occurs, the order becomes final.
· This bill does not give authority to a municipality, person or legal entity to claim, represent, assert or imply any ownership interest or right of leasehold interest, present or future, or to enter into any negotiations with a state or federal agency without the consent of the private lessee before having been granted an assignment of a lease.
·
·
·
---------- DOCUMENT FOOTER
---------
·
44th Legislature
·
Second Regular Session 2 April
26, 2001
·
·
---------- DOCUMENT FOOTER
---------