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Board declares Confederate Lane property surplus, authorizes superintendent to pursue sale by upset bid
Summary
The board adopted a resolution declaring the property on Confederate Lane surplus and authorized the superintendent to pursue sale through an upset-bid process; counsel described the property's court-origin history and the legal terms of sale.
The Transylvania County Board of Education adopted a resolution declaring 41 Confederate Lane surplus and authorized the superintendent to negotiate a contract and complete a statutorily required upset-bid sale process.
Attorney Campbell told the board the property came to the district through a court order following a nuisance determination and that previous boards had considered several uses including teacher housing and nonprofit housing. The drafted resolution rescinds and supersedes prior resolutions and declares the property not needed for school purposes.
Campbell explained the upset-bid process: interested parties may submit an initial negotiated contract, then the school would post it for upset bids for a statutorily prescribed period and amount; after completing the upset-bid process, the superintendent would bring the highest and best offer to the board for final approval. "The law actually says until you accept that final contract, you can reject any and all bids for any reason whatsoever," Campbell said.
A board member moved to adopt the resolution as stated in the agenda; after a second and no additional discussion, the board voted in favor. The motion carried with no opposed votes recorded in the meeting transcript.
The resolution directs the superintendent to initiate the sale process subject to the upset-bid statute and return to the board for final contract approval.
