§ 1375.Power of Controller to Sell Or Lease Real Property At Private Sale
Title 10. Unclaimed Property · Chapter 4. Management of Unclaimed Property · Article 3. Sale or Disposal of Property · Last amended 2016 · Last verified July 29, 2026
Full Text of § 1375
Plain-English Summary
Not every disposal of real property has to go through the newspaper-notice, public-auction process Section 1373 lays out. Section 1375 gives the Controller a second path: any real property may be sold or leased at private sale, and without published notice at all.
That private-sale option gives the Controller flexibility to match the disposal method to the property. A public auction with newspaper notice makes sense for property expected to draw a competitive bidding field, while a private sale can move more quickly, or reach a buyer better suited to a particular parcel, without the state incurring the delay or expense of publication. The two sections work as alternatives, not a mandatory sequence -- the Controller chooses whichever approach suits the property at hand.
Frequently Asked Questions
Does the Controller have to publish notice before a private sale of real property?
No. Section 1375 specifically dispenses with published notice for a private sale, unlike the public-auction procedure in Section 1373.
Does the Controller have to try a public auction first before using a private sale?
No. The two sections give the Controller alternative methods, and nothing requires attempting an auction under Section 1373 before choosing a private sale under this section.
Can leased real property be handled through a private transaction too?
Yes. Section 1375 covers both sales and leases of real property at private terms.
Amendment History
Amended by Stats 2016 ch 31 (SB 836),s 15, eff. 6/27/2016. Amended by Stats 2006 ch 538 (SB 1852),s 72, eff. 1/1/2007.