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Type: FCA Regulation
Subpart G - Right of First Refusal

617.7620 What should the System institution do when it decides to sell acquired agricultural real estate at a public auction?
System institutions electing to sell or lease acquired agricultural real estate or a portion of it through a public auction, competitive bidding process, or other similar public offering must:
(a) Notify the previous owner, by certified mail, of the availability of such property. The notice must contain the minimum amount, if any, required to qualify a bid as acceptable to the institution and any terms or conditions to which such sale or lease will be subject;
(b) Accept the offer by the previous owner if the System institution receives two or more qualified bids in the same amount, the bids are the highest received, and one of the qualified bids is from the previous owner; and
(c) Not discriminate against a previous owner in these proceedings.

[69 FR 10913, Mar. 9, 2004]

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