OLPM

BOT.VI  Property Policies
(Note: OLPM sections on this page may be cited following the format of, for example, "BOT VI.B.1.1". These policies may be amended at any time, do not constitute an employment contract, and are provided here only for ease of reference and without any warranty of accuracy. See OLPM Main Menu for details.)

B. Property Acquisition

1.   State Delegation of Authority

1.1   State law (RSA 187-A:16) empowers the Board of Trustees to acquire property through purchase, gift or, subject to Governor and Council approval, by right of eminent domain.

1.2   State law generally exempts the University System from the state competitive bidding requirements for both construction projects (RSA 228:1, et seq.) and the purchase of equipment, supplies, and materials (RSA 21-I:18,I).

2.   Trustee Delegation of Authority

2.1   The Board of Trustees delegates, through its Executive Committee, to its Financial Affairs Committee responsibility for approving, overseeing, and making appropriate recommendations to the Executive Committee on property acquisitions in accordance with these policies.

3.   General Policy on the Acquisition of Real Property

3.1   State law generally exempts the institutions of the University System from the jurisdiction of zoning regulations in the communities in which the institutions are located.

3.2   The acquisition of any real property not listed in the respective Campus Master Plan must be approved by the Financial Affairs Committee.

3.3   The Financial Affairs Committee authorizes the acquisition of property which has been designated on a Campus Master Plan as an anticipated acquisition. Authority to proceed with an acquisition of property with a cost less than $500,000 and on the approved list is delegated to the Chancellor. If the acquisition is greater than $500,000, the Financial Affairs committee must approve the acquisition. The acquisition of any property with a cost less than $100,000, whether on the approved list or not, is delegated to the Chancellor.

3.4   The Chancellor shall be responsible for developing and carrying out prudent procedures for the acquisition of real property, which will protect the financial and legal interests of the University System. Those procedures will include the manner by which fair market value of the property is determined, the obtaining of assessment studies, the securing of expert opinion concerning land-use and environmental impacts and/or liabilities that may be associated with property acquisitions, and the conduct of negotiations leading to such acquisitions.

3.5   All real property acquired by USNH must be independently appraised. Each acquisition shall be individually evaluated to determine the number of and nature of appraisals required. All appraisers must be approved by the Chancellor's office.

4.   Policy on the Acquisition of Equipment, Supplies and Materials

4.1   In general, equipment, supplies, and materials shall be acquired under a competitive bidding process The Chancellor shall develop and carry out prudent procedures establishing the form and application of the competitive bidding process which shall clearly describe accountability.

4.2   The Chancellor's office must review and approve all acquisitions of equipment, supplies and materials where USNH either did not use a competitive bidding process or awarded the contract to other than the low bidder.

4.3   The University System shall maintain appropriate inventories of equipment, supplies, and materials of significant value pursuant to procedures developed by the Chancellor.

4.4   The acquisition for more than $500,000 of any computer hardware or software not described in the Long-range Technology Plan shall be approved by the Financial Affairs Committee.

5.   General Policy on Gifts of Real Property

5.1   The Board of Trustees realizes the importance of voluntary charitable support of the University System and its programs, and recognizes that gifts of real property are an important form of giving. State law authorizes the Board of Trustees to accept gifts of real property given to, or, for the benefit of, the University System and its component institutions (RSA 187:A:16, VII and VIII).

5.2   The Chancellor shall develop and implement prudent procedures for the evaluation, receipt, and acceptance of gifts of real property. Those procedures shall provide for appropriate financial and legal review and approval of proposed gifts of real property. A proposed gift may be accepted only if its value to the University System (whether financial, educational, or otherwise) is greater than its attendant costs, including exposure to financial, legal or other risks.

5.3   Acceptance of any restricted gifts of real property which may impose substantial financial, legal, or other risks shall be by the Financial Affairs Committee. Acceptance of all gifts of real property with a fair market value less than $500,000 shall be delegated to the Chancellor. Acceptance of all gifts of real property with a fair market value in excess of $500,000 shall be approved by the Financial Affairs Committee.

6.   General Policy on Gifts of Equipment, Supplies, and Materials

6.1   State law authorizes the Board of Trustees to accept gifts of equipment, supplies, and materials given to, or for the benefit of, the University System and its component institutions (RSA 187-A:16, VII and VIII).

6.2   The Chancellor shall develop and implement prudent procedures for the evaluation, receipt, and acceptance of gifts of equipment, supplies, and materials. A proposed gift may be accepted only if its value to the University System (whether financial, educational, or otherwise) is greater than its attendant cost, including exposure to financial, legal, or other risks.

6.3   Acceptance of all gifts of equipment, supplies, or materials with a fair market value less than $500,000 shall be delegated by the Chancellor to the President of each USNH institution. Acceptance of all gifts of equipment, supplies or materials with a fair market value in excess of $500,000 shall be approved by the Chancellor.


This page last updated December 1, 2005. For information on the adoption and effective dates of policies please see explanation on the OLPM Main Menu.



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