Bill Text - HB235 (2013)

Allowing counties to contract for professional real estate services for the sale or lease of county property.


Revision: Jan. 15, 2013, midnight

HB 235 – AS INTRODUCED

2013 SESSION

13-0482

10/01

HOUSE BILL 235

AN ACT allowing counties to contract for professional real estate services for the sale or lease of county property.

SPONSORS: Rep. Jasper, Hills 37; Rep. Spratt, Hills 4

COMMITTEE: Municipal and County Government

ANALYSIS

This bill allows the county commissioners to contract for professional real estate services for the sale or lease of county property.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0482

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT allowing counties to contract for professional real estate services for the sale or lease of county property.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; County Commissioners; Authority to Contract for Professional Real Estate Services. Amend RSA 28 by inserting after section 6 the following new section:

28:6-a Authority to Contract for Professional Real Estate Services.

I. The county commissioners shall be authorized to contract for professional real estate services for the sale or lease of county property as follows:

(a) The commissioners shall publish a request for qualifications for professional real estate services to be procured. The commissioners shall select licensed real estate professionals who have demonstrated competence and qualifications to market the sale or lease of government property.

(b) The commissioners shall prepare a description of its procedures for procurement of professional real estate services. These descriptions shall be distributed to interested professionals subject to the provisions of this section.

(c) The commissioners shall negotiate a contract with the highest qualified firm for professional real estate services at compensation which the commissioners determine is fair and reasonable to the county. In making such determination, the commissioners shall take into account the estimated value, scope, complexity, and professional nature of the services to be rendered.

(d) If the commissioners are unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price determined to be fair and reasonable to the county, the commissioners shall then undertake negotiations with the next most qualified firm in order of competence and qualifications and continue negotiations until an agreement is reached.

II. In this section:

(a) “Professional real estate services” means those professional services of licensed real estate professionals, as well as incidental services that members of the profession and those in their employ may logically and justifiably perform. These services shall include at a minimum a market analysis based on the highest and best use of all county property being sold or leased.

(b) “Licensed real estate professional” means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the real estate profession in this state under RSA 331-A.

2 Effective Date. This act shall take effect 60 days after its passage.

None