You asked the following questions regarding municipal land sales:

1. if a town puts surplus property up for sale and does not specify a minimum bid, is it required to accept the highest bid it receives for the property;

2. what role does the board of selectmen play in making the decision to accept the highest bid in such circumstances;

3. if the town rejects the highest bid and retains a realtor, is there a minimum time set in the statutes that the realtor is given to sell the property; and

4. what happens if the realtor is unable to sell the property during the allotted time.

The statutes do not address any of these issues but some ordinances and charters do. With regard to the first question, the issue is how the town structures the bid. If the town conducts an absolute auction, it must accept the highest bid it receives and cannot withdraw the property from the market regardless of how low the bids are. In contrast, a town can require that a bid be “reasonable” in order to be accepted. It can also define what constitutes “reasonable. ” For example, Tolland defines a reasonable offer as being at least the property's assessed value. In Stamford, the minimum acceptable sale price is the greater of (1) its appraised value or (2) the minimum set by the relevant board or the mayor.

The answer to the second question would depend on the local charter and ordinances. In some towns, such as Branford, all land sales require the approval of the legislative body. In others, such as Mansfield, the town manager can sell surplus property. With regard to the third question, the statutes do not set a minimum time that a realtor must be given to sell the property. If the realtor is unable to sell the property in the allotted time, the town could extend his contract, find another realtor, attempt to sell the property itself, or take the property off of the market.

KM: ts