§ 46-5-15 - Disposition of lands no longer needed.
SECTION 46-5-15
§ 46-5-15 Disposition of lands no longerneeded. – The director of the department of environmental management, when he or sheshall deem any land or interests in land acquired or taken under the provisionsof this chapter to be no longer required for the purposes of this chapter, may:
(1) With the consent of the person or persons from whom theland or interests were obtained, or their heirs, successors, or assigns, conveythe land or any part thereof with or without suitable restrictions by executingand recording a deed thereof, which deed shall be duly executed on behalf ofthe state by the director of the department of environmental management, andthe recorded deed shall thereby revest the title to the land or interests inland so conveyed in the persons, their heirs, successors, and assigns, in whomit was vested at the time of the taking, and the fair market value of the landor interests in land so conveyed at the time of the conveyance may be pleadedin mitigation of damages in any proceedings instituted on account of thetaking; or
(2) Lease or sell and convey the land with or withoutsuitable restrictions for such consideration as may be fixed by the director ofthe department of environmental management, by executing and delivering a leaseor deed thereof, which lease or deed shall be executed on behalf of the stateby the director; provided, however, the person or persons in whom the title tothe land was vested at the time the land was acquired under the provisions ofthis chapter, shall, if living, and if the land was so acquired within thepreceding five (5) years, have the prior right to lease, purchase, or reinvesthimself or herself or themselves, as the case may be, of the land before theland may be leased, sold, or conveyed as provided by this section. The priorright shall be conclusively presumed to have been waived in the event that awritten offer to lease, sell, or reconvey the land, containing the terms andconditions of the offer, shall have been sent by registered or certified mailto the last known address of the person or persons, and the offer shall nothave been accepted within thirty (30) days from the date of the mailing.