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Type: FCA Regulation
PART 617 - BORROWER RIGHTS
Subpart G - Right of First Refusal


617.7615 What should the System institution do when it decides to lease acquired agricultural real estate?
(a) Notify the previous owner,
(1) Within 15 days of the System institution’s decision to lease acquired agricultural real estate, it must notify the previous owner, by certified mail, of the property’s appraised rental value, as established by an accredited appraiser, and of the previous owner’s right to:
(i) Lease the property at a rate equivalent to the appraised rental value of the property, or
(ii) Offer to lease the property at rate that is less than the appraised rental value of the property.
(2) That any offer must be received within 15 days of receipt of the notice.
(b) Act on an offer to lease the acquired agricultural real estate at a rate equivalent to the appraised rental value of the property.
(1) Within 15 days after receipt of such offer, the System institution may accept the offer to lease the property at the appraised rental value and lease the property to the previous owner, or
(2) Within 15 days after receipt of such offer, the System institution may reject the offer to lease the property at the appraised rental value when the institution determines that the previous owner:
(i) Does not have the resources available to conduct a successful farming or ranching operation; or
(ii) Cannot meet all the payments, terms, and conditions of such lease.
(c) Act on an offer to lease the acquired agricultural real estate at a rate that is less than the appraised rental value of the property.
(1) The System institution must consider the offer to lease the property at a rate that is less than the appraised rental value of the property. Notice of the decision to accept or reject such offer must be provided to the previous owner within 15 days of receipt of the offer.
(2) If the System institution accepts the offer to lease the property at less than the appraised rental value, it must notify the previous owner and lease the property to the previous owner.
(3) If the institution rejects the offer, the System institution must notify the previous owner of this decision. The previous owner has 15 days after receipt of the notice in which to agree to lease the property at such rate or under such terms and conditions. The System institution may not lease the property to any other person:
(i) At a rate equal to or less than that offered by the previous owner; or
(ii) On different terms and conditions than those that were extended to the previous owner without first informing the previous owner by certified mail and providing an opportunity to lease the property at such rate or under such terms and conditions.

[69 FR 10913, Mar. 9, 2004]

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