Administrative Procedures

Real Property Management - Buildings and Land

1. Purpose

To outline the KCTCS guidelines and Kentucky Revised Statutes (KRS) requirements controlling the management of real property (buildings and land).

2. Scope

This procedure applies to all KCTCS colleges, the Kentucky Fire Commission, and Kentucky Board of Emergency Medical Services.

3. General

3.1

KCTCS may acquire state-owned or private property and dispose of KCTCS property within the guidelines of KRS and any related regulations, through the KCTCS Office of Facilities Support Services - Asset Management Office (AMO).

1. The KCTCS President will approve the purchase and disposal of real property.
   1. Approval may be by email for expediency.
   2. Upon approval by the KCTCS President, s/he may delegate the execution of the acquisition and disposition of the real property to the KCTCS Vice President for Administrative Services for purposes of efficacy.
2. The Kentucky Secretary of the Finance and Administration Cabinet must approve, in writing, the appraised value utilized for the purchase and sale of real property prior to KCTCS taking action to purchase or dispose of real property.
3. All real property sales and acquisitions shall be reported to the KCTCS Board of Regents at the next regularly scheduled board meeting.

4. Acquisitions

4.1

The College seeking to purchase or dispose of real property must request prior approval from the KCTCS Vice President of Administrative Services.  The Vice President will request the AMO to obtain appraisals and proceed either with the purchase or disposal of real property. 

1. The appraised value of property will determine the maximum price KCTCS may pay. 
   1. The AMO will obtain an appraisal using only state approved appraisers on the Kentucky Finance and Administration Cabinet's (KYFAC) List of Prequalified Appraisers.
2. An environmental assessment, coordinated by the AMO, must be conducted prior to purchase.
3. The AMO will handle negotiations with the property owner, offers to purchase, and coordinate the execution of all closing documents.
4. A lease with an option to purchase shall be reported to the Capital Projects and Bond Oversight Committee after the proposed lease terms have been negotiated, but before execution in conformity with Kentucky Revised Statutes (KRS 56.823).

5. Dispositions

5.1

Real property can be sold, transferred to another state or local entity of government, or demolished.

1. The KCTCS President, or designee, will submit a written request to the Secretary of the Kentucky Finance and Administration Cabinet declaring the property surplus to KCTCS’s needs and available for disposition. 
2. The AMO will conduct a survey of other state and local agencies to determine if there is interest when real property is to be sold.
3. Real property sales require the AMO obtain an appraisal using only state approved appraisers on the KYFAC's List of Prequalified Appraisers.
   1. If there is no interest from another state of local entity of government, the AMO is required to publicly advertise the real property for sale and hold a sealed bid opening.
   2. The KYFAC uses the appraised value of the real property to determine the price KCTCS may accept.
4. For a facility demolition, the AMO will request an environmental assessment, which must be conducted prior to the start of the demolition.
5. Upon receipt of an approved demolition order, the building can be demolished.

5.2

The proceeds from the sale of real property, purchased in whole or in part with capital construction funds, shall be returned to the source of the funds utilized for their purchase in a pro rata manner.

6. Easements

6.1

KCTCS may execute Easements and/or Right-of-Entry across property within the guidelines of KRS and if in the best interest of KCTCS or other public use.

6.2

The college will ensure the easement does not interfere with the college master plan.

6.3

The College President will approve proposed easements prior to their execution.