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VII. Board Action Declaring Intention to Sell or Lease the Property
If the property remains unsold or unleased after the foregoing steps, the Board must declare
its intention in a regular meeting to sell or lease the property prior to putting the property up
to competitive bid. To do so, it should adopt a resolution taking each of the following
actions:

o Consider the 7-11 Committee’s recommendations, if one was convened. (Ed. Code,
§ 17387, et seq.)

o Describe the property proposed to be sold or leased in such a manner as to identify it.
(Ed. Code, § 17466.)

o Specify the minimum price and the terms upon which the property will be sold or leased.
(Ed. Code, § 17466.)

o State the commission or rate, if any, which the board will pay to a broker out of the
minimum price. (Ed. Code, § 17466.)

o Specify a date at least three weeks later for a public Board meeting at which proposals to
purchase or lease will be received and considered. (Ed. Code, § 17466.)

The resolution must be adopted by a two-thirds vote of the Board. (Ed. Code, § 17466.)

The district must give public notice of the adoption of the resolution by posting copies of the
resolution signed by the Board in three public places in the district at least 15 days before the
meeting where the bids are opened, and by publishing the notice at least once per week for
three successive weeks before the meeting where the bids are opened in a newspaper of
general circulation within the county in which the district is located. (Ed. Code, § 17469.)

The governing board of a district that intends to sell surplus real property must also make
efforts to notify the former owner from whom the district acquired the property 60 days in
advance of the meeting at which the resolution will be considered. (Ed. Code, § 17470.)
Also, special rules may apply to property that was acquired by eminent domain, including
that the former owner may have to be offered a right of first refusal in certain circumstances.
(Code Civ. Proc., § 1245.245.)

Optional: Although not required by law, the district may wish to obtain a preliminary title
report to determine if there are any exceptions in the report which would affect the bid
process. Also, the preliminary title report should be made available to prospective bidders
who may require the report as part of their due diligence process before submitting a bid.

CEQA Compliance: The district should give consideration to the application of the California
Environmental Quality Act (CEQA). Generally, a sale or lease of property is exempt from
detailed CEQA review if it can be said with certainty that there is no possibility that the sale

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