Sec. 122.422. - Determination of need; declaration that property is surplus to the needs of the public.

(a) Escheated and foreclosed properties. Property acquired by the City through escheatment or foreclosure is surplus to the needs of the public. The Real Estate Division is authorized to convey escheated property to the record fee simple owner of such lands as of the date the City obtained title to the lands upon payment by the prior owner of an amount equal to all taxes, including municipal taxes and liens, if any, which had become delinquent, together with interest and costs provided by law. If the escheated lands have not been assessed for taxes for the current year the prior owner shall pay, in addition, the taxes for the current and omitted years, the latter amount to be determined by applicable millage for the omitted years and based on the last assessment of the escheated lands. (b) Need determination. Prior to the disposition of an interest in any City-owned real property, the Real Estate Division shall circulate a sufficiently detailed description of the property to each City Agency to determine whether there is a need for the City to allocate or convey the property to a City Agency for the agency's purposes. For purposes of this subsection (b) only, the term "City Agency" shall refer to a City department, board, council (other than the City Council), authority, commission (including, if the property is more than 50 years old, the Jacksonville Historic Preservation Commission), independent agency, community redevelopment agency established pursuant to F.S. Ch. 163, Pt. III, or any non-profit community land trust organization whose mission is to develop and preserve affordable housing for residents, or, if determined by Real Estate Division to be appropriate, any other federal, state, or local government agency. The notified City Agencies shall have ten business days after receipt of notice from the Real Estate Division to notify the Real Estate Division if the City Agency needs the property for public purposes or, if the City's disposition is of less than a fee interest, if the disposition will unreasonably interfere with the notified City Agency's use of the property. If the City Agency fails to notify the Real Estate Division within the ten-day period of the City Agency's need or conflicting use, the City Agency shall be deemed to have no need to use the property for public purposes or no conflicting uses of the property. The Council Member for the district in which the property is located shall be notified by the Real Estate Division that the property is being circulated for a determination of need prior to disposition. (c) Need declared. If a notified agency expresses need for the property for public purposes or that it has a use of the property that conflicts with the proposed use, such as when the disposition of an easement interest is requested, the Real Estate Division shall allocate the property to such City Agency for management as provided in Section 122.415 , or convey the property to such City Agency, as applicable, subject to such conditions, restrictions, and covenants as deemed appropriate by the Real Estate Division for such conveyance. A City Agency that declares a need for the property shall submit its plan of use and a schedule for implementing the planned use, and identify its funding source for implementation of the plan within two years from the date the property was allocated or conveyed to such agency. In the case of a City Agency that has been allocated property to manage, the Real Estate Division is authorized to dispose of the property if the managing City Agency fails to provide the required information within the time required under this subsection. (d) No need declared; City Council review. If the property is not needed for a public purpose but within ten business days after notice the Council Member in whose district the property is located objects to the disposition, then the Real Estate Division shall request legislation for submission to the Council to declare the property surplus to the needs of the public and to authorize the disposition of the property. If after objection by a Council Member the Council declares the property surplus and authorizes its disposition then the Real Estate Division may dispose of the property in any manner authorized by this Subpart. If the Council does not authorize the disposition the Real Estate Division shall allocate the property to an appropriate agency for management. An agency allocated property as a result of action by the City Council is not required to submit a plan of use. (e) Authority to dispose of surplus property. If the property is not needed for a public purpose and no objection to disposition is received from the Council Member in whose district the property is located within ten business days after notice to the Council Member, then the property is surplus to the needs of the public and the Real Estate Division may dispose of the property in any manner authorized by this Subpart; provided that property appropriate for affordable housing shall be disposed of in the manner required by this Code for dispositions for affordable housing. (Ord. 2018-871-E , § 2; Ord. 2021-115-E , § 1)