[William Tory]

We have identified a couple blocks of land in our SOL process which may fail to sell due to the limitation of use on the land. Council is considering putting in a bid on the land if there are no other bidders on the day with the view of turning them into road reserve.

As part of S713 is there any authority or discretion given to staff to make this decision on the day and purchase the land or would we 1st be required to have Council approval under S377 to buy the land and then play it by ear on the day and bid if required?

Basically, does any component of Division 5 give staff the discretion to make this decision on Councils behalf or should it be approved under S377 first.

Any assistance would be greatly appreciated.

[Robert Hay]

Hi William

Defintely a Council resolution needs to be sort under Section 377(h) the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment). Delegation cannot be granted under this section Council approval is required.

Also Section 716 (2) Land that fails to sell at public auction may be sold by private treaty and (3) Land may be sold under this Division to the council, a councillor, a relative of a councillor, a member of staff of the council or any relative of a member of staff of the council in the case of sale by public auction, but may not be so sold in the case of sale by private treaty.

Reading all these sections in conjunction my opinion is approval needs to be sort from Council to purchase the property and a limit needs to be set on what Council will pay, Council is required to bid in the auction as it cannot purchase by private treaty.

Hope this helps

[Author]

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