City Attorneys

Listmates: 

I represent a Village that wants to sell real property to a local business.  The business alleges that it actually purchased the property a long time ago but cannot produce any records to substantiate the claim and the property is titled in the name of the village.  The property is an in-holding and is worth less than $5,000.   The Village wants to sell the property to the business for a set price versus having an auction or sealed bid.  Does anyone have any opinions as to whether doing so would be permissible under Neb. Rev. Stat. 17-503.01, which reads as follows:

17-503.01. Real property less than five thousand dollars; sale; procedure.

Section 17-503 shall not apply to the sale of real property if the authorizing resolution directs the sale of real property, the total fair market value of which is less than five thousand dollars. Following passage of the resolution directing the sale of the property, notice of the sale shall be posted in three prominent places within the city or village for a period of not less than seven days prior to the sale of the property. The notice shall give a general description of the property offered for sale and state the terms and conditions of sale. Confirmation of the sale by passage of an ordinance may be required.

17-503.01 clearly requires an auction or sealed bids, however, 17-503.01 seems to be silent on the issue. 

Any input would be appreciated.

Regards,

Thomas David Prickett

Attorney at Law

Reinsch, Slattery, Bear, Minahan & Prickett, P.C., L.L.O.

545 Main Street

P.O. Box 489

Plattsmouth, NE 68048

402-296-6996

This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, U.S.C. Sections 2510-2521, and may be legally privileged. This message is confidential, intended only for the named recipient(s) and may contain information that is privileged, attorney work product, or exempt from disclosure under applicable law.  If you are not the intended recipient(s) you are notified that the dissemination, distribution or copying of this message is strictly prohibited.  If you receive this message in error or are not the named recipient(s), please notify the sender at either the email address  or telephone number above and delete this email from your computer.  Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege.

Listmates: 

I represent a Village that wants to sell real property to a local business.  The business alleges that it actually purchased the property a long time ago but cannot produce any records to substantiate the claim and the property is titled in the name of the village.  The property is an in-holding and is worth less than $5,000.   The Village wants to sell the property to the business for a set price versus having an auction or sealed bid.  Does anyone have any opinions as to whether doing so would be permissible under Neb. Rev. Stat. 17-503.01, which reads as follows:

17-503.01. Real property less than five thousand dollars; sale; procedure.

Section 17-503 shall not apply to the sale of real property if the authorizing resolution directs the sale of real property, the total fair market value of which is less than five thousand dollars. Following passage of the resolution directing the sale of the property, notice of the sale shall be posted in three prominent places within the city or village for a period of not less than seven days prior to the sale of the property. The notice shall give a general description of the property offered for sale and state the terms and conditions of sale. Confirmation of the sale by passage of an ordinance may be required.

17-503.01 clearly requires an auction or sealed bids, however, 17-503.01 seems to be silent on the issue. 

Any input would be appreciated.

Regards,

Thomas David Prickett

Attorney at Law

Reinsch, Slattery, Bear, Minahan & Prickett, P.C., L.L.O.

545 Main Street

P.O. Box 489

Plattsmouth, NE 68048

402-296-6996

This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, U.S.C. Sections 2510-2521, and may be legally privileged. This message is confidential, intended only for the named recipient(s) and may contain information that is privileged, attorney work product, or exempt from disclosure under applicable law.  If you are not the intended recipient(s) you are notified that the dissemination, distribution or copying of this message is strictly prohibited.  If you receive this message in error or are not the named recipient(s), please notify the sender at either the email address  or telephone number above and delete this email from your computer.  Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege.

Sincerely,

Drew A. Graham

Associate Attorney

Phone 402.694.5504 | Fax 402.362.5507

Email dgraham@svehlalaw.net | Web www.svehlalawoffices.com

Aurora 1223 M Street, Aurora, Nebraska 68818

York 408 N Platte Avenue, Suite A, York, Nebraska 68467

NOTICE:  The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above.  This message may be an attorney-client communication and as such is privileged and confidential.  If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, this serves as notice to you that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited.  If you have received this communication in error, please delete the original and notify me immediately via e-mail at dgraham@svehlalaw.net or by telephone at (402) 362-5506.  Thank you.

Listmates: 

I represent a Village that wants to sell real property to a local business.  The business alleges that it actually purchased the property a long time ago but cannot produce any records to substantiate the claim and the property is titled in the name of the village.  The property is an in-holding and is worth less than $5,000.   The Village wants to sell the property to the business for a set price versus having an auction or sealed bid.  Does anyone have any opinions as to whether doing so would be permissible under Neb. Rev. Stat. 17-503.01, which reads as follows:

17-503.01. Real property less than five thousand dollars; sale; procedure.

Section 17-503 shall not apply to the sale of real property if the authorizing resolution directs the sale of real property, the total fair market value of which is less than five thousand dollars. Following passage of the resolution directing the sale of the property, notice of the sale shall be posted in three prominent places within the city or village for a period of not less than seven days prior to the sale of the property. The notice shall give a general description of the property offered for sale and state the terms and conditions of sale. Confirmation of the sale by passage of an ordinance may be required.

17-503.01 clearly requires an auction or sealed bids, however, 17-503.01 seems to be silent on the issue. 

Any input would be appreciated.

Regards,

Thomas David Prickett

Attorney at Law

Reinsch, Slattery, Bear, Minahan & Prickett, P.C., L.L.O.

545 Main Street

P.O. Box 489

Plattsmouth, NE 68048

402-296-6996

This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, U.S.C. Sections 2510-2521, and may be legally privileged. This message is confidential, intended only for the named recipient(s) and may contain information that is privileged, attorney work product, or exempt from disclosure under applicable law.  If you are not the intended recipient(s) you are notified that the dissemination, distribution or copying of this message is strictly prohibited.  If you receive this message in error or are not the named recipient(s), please notify the sender at either the email address  or telephone number above and delete this email from your computer.  Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege.

Sincerely,

Drew A. Graham

Associate Attorney

Phone 402.694.5504 | Fax 402.362.5507

Email dgraham@svehlalaw.net | Web www.svehlalawoffices.com

Aurora 1223 M Street, Aurora, Nebraska 68818

York 408 N Platte Avenue, Suite A, York, Nebraska 68467

NOTICE:  The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above.  This message may be an attorney-client communication and as such is privileged and confidential.  If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, this serves as notice to you that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited.  If you have received this communication in error, please delete the original and notify me immediately via e-mail at dgraham@svehlalaw.net or by telephone at (402) 362-5506.  Thank you.

Listmates: 

I represent a Village that wants to sell real property to a local business.  The business alleges that it actually purchased the property a long time ago but cannot produce any records to substantiate the claim and the property is titled in the name of the village.  The property is an in-holding and is worth less than $5,000.   The Village wants to sell the property to the business for a set price versus having an auction or sealed bid.  Does anyone have any opinions as to whether doing so would be permissible under Neb. Rev. Stat. 17-503.01, which reads as follows:

17-503.01. Real property less than five thousand dollars; sale; procedure.

Section 17-503 shall not apply to the sale of real property if the authorizing resolution directs the sale of real property, the total fair market value of which is less than five thousand dollars. Following passage of the resolution directing the sale of the property, notice of the sale shall be posted in three prominent places within the city or village for a period of not less than seven days prior to the sale of the property. The notice shall give a general description of the property offered for sale and state the terms and conditions of sale. Confirmation of the sale by passage of an ordinance may be required.

17-503.01 clearly requires an auction or sealed bids, however, 17-503.01 seems to be silent on the issue. 

Any input would be appreciated.

Regards,

Thomas David Prickett

Attorney at Law

Reinsch, Slattery, Bear, Minahan & Prickett, P.C., L.L.O.

545 Main Street

P.O. Box 489

Plattsmouth, NE 68048

402-296-6996

This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, U.S.C. Sections 2510-2521, and may be legally privileged. This message is confidential, intended only for the named recipient(s) and may contain information that is privileged, attorney work product, or exempt from disclosure under applicable law.  If you are not the intended recipient(s) you are notified that the dissemination, distribution or copying of this message is strictly prohibited.  If you receive this message in error or are not the named recipient(s), please notify the sender at either the email address  or telephone number above and delete this email from your computer.  Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege.