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This entry was published on 2014-09-22
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Grant or lease of property by a government to or for an authority
Public Housing (PBG) CHAPTER 44-A, ARTICLE 7
§ 124. Grant or lease of property by a government to or for an
authority. In connection with projects located within its territorial
boundaries, a government may, notwithstanding any other provisions of
law, upon such terms, with or without consideration, as it may deem
advisable, grant, convey or lease any of its property, whether held in a
proprietary or governmental capacity, to an authority or government,
including real property already devoted to a public use, provided that
the government making the grant or lease determines that the premises
are no longer required for the public use to which the property is
devoted and that it is to the interest of the government to grant or
lease the property to the authority for the purposes of this chapter.
Notwithstanding any other provisions of this section to the contrary, if
the property is listed by the government as parkland in the office of
the assessing authority of the government or such property is used as
active or passive parkland or is parkland, then such property shall not
be so granted, conveyed, leased or discontinued as parkland, without an
act of the state legislature approving such grant, conveyance lease, or
discontinuance. Notwithstanding any general, special or local law and
any limitation or prohibition which may be contained therein against the
power of alienation, any grant, sale, conveyance or lease may be made by
a government to an authority or government in connection with a project,
without appraisal, public notice, advertisement or public bidding. The
finding of the government having jurisdiction that the property is no
longer required for the public purpose for which it is devoted and that
it is to the best interest of the government involved to grant or lease
the property, shall be conclusive.