In case any such project, or any part thereof, be abandoned as a flood control project, or in the event any land and property acquired by purchase or condemnation in fee simple shall no longer be necessary for the purposes of the district, the same shall not revert to the former owner or owners or their subsequent grantees of the property but shall be sold at public sale to the highest bidder by the board of directors subject to confirmation by the court, with the proceeds to be paid into the improvement fund created by Section 630 of this title; provided, however, members of the board of directors and agents, servants and employees of the district shall have no right to acquire such lands. The former owner shall be given thirty days (30) notice by certified or registered mail of the sale, and of his right within ten (10) days after the sale to file an election with the court to buy the land at the highest bid price. If the address of such owner is unknown then said notice shall be given by publication for two (2) consecutive weeks in a newspaper of general circulation in the county in which the land is located. Such former owner shall have ten (10) days after such sale to file an election to take such land at the highest bid price; and unless such election is filed within said ten-day period, such rights shall expire and the court shall confirm the sale free of such right. Such preference right and the requirement that a public sale be held shall not apply if the sale is made to any agency, department or instrumentality of the State of Oklahoma; and a district may sell, transfer or assign property of the district, subject to confirmation of the court, to the State of Oklahoma or any agency department or instrumentality thereof by resolution of the board of directors of said district.
Where lands or interests therein are acquired by the district and not utilized for the purposes for which it was acquired, or which have been utilized but such utilization has ceased, then, after ten (10) years from the date of acquisition, or ten (10) years from the date utilization ceased, as the case may be, such land must be sold at public auction to the highest bidder; and mandamus by any interested party will lie to require such sale.
Laws 1923-24, c. 139, p. 184, § 43; Laws 1963, c. 271, § 11, emerg. eff. June 13, 1963.
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