MCC §3.44.050
Selling County land by negotiation
Read the official text at library.municode.com ↗This section explains how the County can sell real property through negotiation instead of auction. It requires public notice, public selection criteria, and a process for applicants to appeal. If more than one qualified buyer applies, the highest sealed offer wins.
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The ordinance, as written (Maui County) — Disposition by negotiation
A copy, taken August 21, 2026. The version published by Maui County is the one that governs, and it may have changed since. Check it before relying on anything here.
A.
Real property may be sold through negotiation if the council finds that disposition
in such a manner is in the public interest and adopts a resolution to that effect,
approved by two-thirds of its members.
B.
After a determination is made to negotiate the disposition, the director shall:
1.
Give public notice of the County's intention to sell the real property through negotiation,
published at least once in each of two successive weeks in a newspaper of general
circulation in the County. The notice shall invite sealed proposals and state the
size, location, and prices of real property to be sold, the terms of sale, and the
last date that applications will be received by the director. Final publication of
the notice shall occur not less than thirty days prior to the last date that applications
will be received by the director. The notice shall also state the times and places
that interested persons may obtain more detailed information with respect to the sale.
2.
Establish reasonable criteria for the selection of the buyer that shall be available
for review by the public at the director's office at the time public notice is given
pursuant to subsection (B)(1).
3.
Determine the applicants who meet the criteria for selection and notify all applicants
of the determination. The basis of the determination shall be made in writing and
available for review by an applicant at the director's office. Any applicant may appeal
the determination to the council by notifying the council chair, in writing, of objections,
and the grounds therefor, not later than the twentieth day following the date of the
applicant's receipt of the notice. Upon receipt of a timely objection, the council
chair shall set a hearing date for the council to hear and determine the appeal from
the director's decision.
C.
If only one applicant meets the criteria for selection of the buyer, the director
may dispose the real property by negotiation after giving notice pursuant to subsection
(B)(3). If two or more applicants meet the criteria for selection of the buyer, the
director shall select the buyer who submits the highest offer contained in the sealed
proposal deposited with the director.
(Ord. No. 4274, § 2, 2016; Ord. 1558 § 1 (part), 1986)
Read the official text at library.municode.com ↗as published Nov 21, 2025our copy taken Aug 21, 2026
Published by the County of Maui through Municode.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.