FM Form 100 "Application for Leasing / Disposal of Surplus Land and Relinquishment of Land Interests" - Oklahoma

What Is FM Form 100?

This is a legal form that was released by the Oklahoma Department of Transportation - a government authority operating within Oklahoma. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on August 1, 2014;
  • The latest edition provided by the Oklahoma Department of Transportation;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a printable version of FM Form 100 by clicking the link below or browse more documents and templates provided by the Oklahoma Department of Transportation.

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Download FM Form 100 "Application for Leasing / Disposal of Surplus Land and Relinquishment of Land Interests" - Oklahoma

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OKLAHOMA DEPARTMENT OF TRANSPORTATION
APPLICATION FOR LEASING / DISPOSAL OF SURPLUS
LAND AND RELINQUISHMENT OF LAND INTERESTS
Please see attached instructions and applicable regulations.
Name of Applicant:
Title:
Applicant Address:
City:
State:
Zip:
Contact Name:
Phone:
(If different than above)
Contact Address:
City:
State:
Zip:
E-mail Address:
Fax:
Property Address / General Location:
(Attach Separate Sheet if Necessary)
Name of Highway / Interstate:
Reason for Requesting Property:
Estimate Acreage of Requested Property:
Type of Land Interest Requesting:
Deed
Lease
Access Rights
Are You An Abutting Land Owner?
Yes
No
If Yes, Please provide a copy of your current ownership.
Is Property Within City / Town Limits?
Yes
No
If Yes, Name of City / Town:
FM Form 100
Page 1 of 4
(Revised 08/01/2014)
OKLAHOMA DEPARTMENT OF TRANSPORTATION
APPLICATION FOR LEASING / DISPOSAL OF SURPLUS
LAND AND RELINQUISHMENT OF LAND INTERESTS
Please see attached instructions and applicable regulations.
Name of Applicant:
Title:
Applicant Address:
City:
State:
Zip:
Contact Name:
Phone:
(If different than above)
Contact Address:
City:
State:
Zip:
E-mail Address:
Fax:
Property Address / General Location:
(Attach Separate Sheet if Necessary)
Name of Highway / Interstate:
Reason for Requesting Property:
Estimate Acreage of Requested Property:
Type of Land Interest Requesting:
Deed
Lease
Access Rights
Are You An Abutting Land Owner?
Yes
No
If Yes, Please provide a copy of your current ownership.
Is Property Within City / Town Limits?
Yes
No
If Yes, Name of City / Town:
FM Form 100
Page 1 of 4
(Revised 08/01/2014)
APPLICANT'S CERTIFICATION
NOTE: The entire procedure can take anywhere from a minimum of 6 months up to a year. An
additional two months can be added if the property falls under Federal Review Process per 23
CFR § 710.409. Reasonable times will be allowed for the Buyer to provide the required items,
after which the file will be closed and all work terminated.
The buyer is responsible for their own due diligence in regards to zoning, licenses, permits,
environmental, land uses, etc.
All sales of surplus right-of-way or interest herein are being sold “as is” and are subject to the
confirmation of the Oklahoma Transportation Commission.
REQUIRED ATTACHMENTS FOR APPLICATION REQUIRED FOR ALL APPLICATIONS:
Photographs and/or drawings of the land you wish to purchase
Proof of ownership of adjoining or underlying property, if applicable
$250.00 application fee (See Application & Fee Guidelines)
I certify that the statements and information provided with the application are true and correct.
Signature:
Date:
Please mail or take your application to:
Oklahoma Department of Transportation
Facilities Management Division
st
200 N.E. 21
Street
Oklahoma City, Ok 73105
FM Form 100
Page 2 of 4
(Revised 08/01/2014)
COSTS, PROCEDURES, AND APPLICABLE REGULATIONS
APPLICATION & FEE - A completed and signed application form requesting the sale of
Department owned or interest in land must be submitted along with an application fee of $250 in
certified funds to start the application research process. Please also attach photos, an overview
drawing of the land you wish to purchase, and proof of ownership of your adjoining or underlying
property, if applicable.
REFUND – The Department will provide a refund of your application research fee if a request
for property / interest is denied, or if property / interest is sold to a person other than the
requestor (you). If property / interest is not sold during the original request process the
application research fee is non-refundable.
APPRAISAL - To determine the sales price, an appraisal prepared by a State Certified General
Appraiser will be needed on the larger parcels. On the smaller parcels, a value estimate may be
used. The Department will determine the type of appraisal needed and arrange for the appraisal
to be prepared. The appraisal will be reviewed and approved by the Department. The entire
appraisal process can take from 30 to 60 days to complete and can cost from $500 to $2,000.
The buyer shall pay the appraisal cost at the end of sale.
ADVERTISING - The Department is required to advertise by public notice its intent to dispose of
the surplus property by auction in a county wide newspaper in the area the surplus property is
located for minimum of two weeks prior to the auction. Advertising fees can cost from $150 to
$600 which the buyer shall pay all advertising costs at the end of sale.
AUCTION – The Department will sell surplus property per Oklahoma Statues at auction to the
highest bidder, with the minimum bid based upon the current fair market value.
PURCHASE - Before the Deed will be executed and recorded, the Buyer shall reimburse the
Department for the purchase price along with appraisal and advertising costs. The buyer shall
provide payment for the total property acquisition in the form of a U.S. Postal Money Order,
Cashier's Check or Certified Check. If sold to the adjoining property owner, the purchase price
will be based on the current fair market value.
EASEMENTS – The Department will dispose of the Department owned interest acquired by
easement to the underlying fee holder in accordance with Federal Regulations 23 CFR §
710.409 and Department Policy and Procedure.
LEASING – The Department will enter into a lease agreement for property which the
Department has determined is excess to the Department’s current needs, but that the
Department needs to retain title to the land for future Department use.
CONVEYANCE DOCUMENTS - The Department will convey land or interests in land by
Quitclaim Deed, in a form prescribed by the department, and subject to any existing utility
easements, licenses, or permits associated with the property. In its sole discretion, the
Department may also use any other transfer documents the Department determines are
necessary to memorialize the transaction.
FM Form 100
Page 3 of 4
(Revised 08/01/2014)
Oklahoma Statues, Title 69 (Road, Bridges, Ferries)
Chapter 1 - Oklahoma Highway Code of 1968
Article 10 - Equipment and Property
Section 1001 - Sale, Exchange or Lease of Unneeded or Surplus Property
Title 69,
O.S. 2011 § 1001 - The Transportation Commission shall have authority to sell any
lands, or interest therein, which may have been acquired for highway purposes, or facilities
necessary and incident thereto, and any equipment, materials or supplies which in the opinion
of the Commission are no longer serviceable, useful or necessary for the state highway system
or the operation of the Department of Transportation. Such authority shall be subject at all
times to the continuing right to the use of the lands by any entity operating a sewer, water or gas
system, telephone or electrical services, and by public service corporations and rural electric
and telephone cooperatives for the construction, reconstruction, maintenance, operation and
repair of their facilities of service which may be upon the lands. However, any such land which
was acquired by the Commission from a governmental subdivision as a gift, or for a nominal
consideration, may be re-conveyed to the governmental subdivision by the Commission, upon
repayment by the governmental subdivision to the Commission of any consideration for the
original conveyance.
Title 69,
Partial Taking Leaving an Abutting Remainder
O.S. 2011 § 1001 (D) -
1. If the land originally comprised a partial taking leaving an abutting remainder, then
prior to conducting such advertisement and solicitation of bids for the sale of any lands or
interests therein, the Commission shall notify the person, firm or corporation which originally
conveyed the property to the Commission or present successor to the original remainder that
same has been declared surplus and is to be offered for sale. Such notice shall be sent by
registered mail addressed to the last-known address of such person, firm or corporation, with
return receipt requested. Such notice shall contain an offer to sell such property to such person,
firm or corporation for an amount not greater than the amount for which the property was
originally obtained by the Commission for a period of five (5) years from the original taking.
Following the five-year period, the sale of such property may be offered at fair market value.
The amount of the Commission's requested purchase price based on such appraisal shall be
stated in the notice, and the person, firm or corporation receiving such notice and offer shall be
informed therein that unless such person, firm or corporation notifies the Commission in writing
within thirty (30) days from the date of receipt of the notice that the Commission's offer of sale is
accepted by such person, firm or corporation, the Commission shall proceed to sell the property
at public auction as provided for in this section. After the expiration of thirty (30) days from the
date of receipt of the notice by the person, firm or corporation to whom it is addressed, if such
person, firm or corporation has not notified the Commission in writing of the acceptance of the
Commission's offer of sale, the Commission shall proceed to sell such property by public
auction and no attempt to accept the Commission's offer by such person, firm or corporation
after the expiration of such thirty (30) days shall be honored by the Commission. However,
such person, firm or corporation may submit a bid at the public auction of the property in the
same manner as any other qualified bidder.
Title 69,
Total Taking Leaving No Abutting Remainder
O.S. 2011 § 1001 (D) –
2. If the land to be disposed of originally comprised a total taking leaving no abutting
remainder, then such shall be sold to the highest bidder, or as otherwise herein provided except
that if the land to be disposed of originally comprised a total taking of less than one (1) acre
leaving only one abutting property owner of record, then prior to conducting such advertisement
and solicitation of bids for the sale of any such lands or interest therein, the Commission shall
notify the sole abutting property owner of record to the taking that such has been declared
surplus and is to be offered for sale. Such notice shall be sent by registered mail addressed to
the last-known address of such person, firm or corporation, with return receipt requested. Such
notice shall contain an offer to sell such property to such person, firm or corporation subject to
the same conditions as set forth in paragraph 1 of this subsection.
FM Form 100
Page 4 of 4
(Revised 08/01/2014)
Page of 4