2025 Session Last amended: 2023 session

§ 161.41 — Surplus Property Not Needed for Highway Purposes

Plain-Language Summary

When the Department of Transportation owns property — other than land — that is no longer needed for highway purposes, the commissioner can declare it surplus and sell or transfer it. The department must first offer the property to state agencies and local governments at its determined value. If no public entity wants it, the property can be sold through competitive bidding. All proceeds go into the trunk highway fund. Buildings that are unsafe or no longer in use may be demolished.

Practical Notes
State agencies and local governments have the right of first refusal on surplus highway property before it is offered to the public. The commissioner determines the value, so interested public entities should engage the department early to ensure a fair valuation. Proceeds from surplus property sales are restricted to trunk highway purposes because they go back into the trunk highway fund.