Records regarding bids for the sale or lease of public lands are open. Ala. Code § 9-15-78 (2001). Contracts and documents related to the sale of public assets are subject to disclosure under the Public Records Law. See Tenn. Valley Printing Co. v. Health Care Auth., 61 So. 3d 1027 (Ala. 2010).
Recorders shall permit memoranda, transcripts, and copies of the public records in their offices to be made by photography or otherwise for the purpose of examining titles to real estate described in the public records, making abstracts of title or guaranteeing or insuring the titles of the real estate, or building and maintaining title and abstract plants, subject to reasonable rules and regulations as are necessary for the protection of the records and to prevent interference with the regular discharge of the duties of the recorders and their employees. AS 44.25.120(c). There is no apparent generic exemption from Public Records Act provisions for documents relating to real estate transactions, though various statutes and regulations may permit confidential treatment in particular context, such as applications for bank loans, etc.
Public notice, which includes the legal description, must be provided of all proposed sales and exchanges of state lands. A.R.S. §§ 37-237, 37-604(C)(7). In addition, all purchase offers for real property being disposed of by a state agency are public. A.R.S. § 37-803(B)(2).
Information submitted by lessees of state lands to the state land department is confidential and not subject to public inspection, unless it pertains to the land. A.R.S. § 37-282.
Records made for or by the state or a local agency relative to the acquisition of real property are exempt from the Act until such time as the property has been acquired or the proposed transaction has been terminated or abandoned. O.C.G.A. § 50-18-72(a)(9).
Idaho Code § 74-107(4) exempts any estimate prepared by a public agency or independent public body corporate and politic that details the cost of a public project until such time as disclosed or bids are opened, or upon award of the contract for construction of the public project.
The Access to Public Records Act does not specifically address transactions, but there is no exception that would deny access to records of completed transactions by a public agency. Under Indiana Code Section 32-21-5-1et seq., publicly filed disclosure forms are required for many residential real estate salestransactions.
No specific provision, but real estate transactions should be treated as a public record and should be produced to a requester absent an applicable exemption, if they otherwise fall within the definition of “public record.”
Transactions are a matter of public record except to the extent documents are prepared for use in connection with an executive session to discuss or consider “the condition, acquisition or the use of real or personal property permanently attached to real property or interests therein or disposition of publicly held property or economic development” and “only if premature disclosures of the information would prejudice the competitive or bargaining position of the body or agency.” 1 M.R.S.A. 405(6)(C).
There are no exceptions for public land negotiations under NMSA 1978 § 14-2-1. In addition, the commissioner of public lands must provide copies of any records kept by the state land office when requested. NMSA 1978 § 19-1-21.
Real estate negotiations are not treated by the public records law, though the Open Meetings law contains an exemption to permit closed session discussions of certain aspects of potential real estate transactions where the public body is considering the acquisition – not divesture – of real property.
Real estate transaction records, such as licensing agreements and contracts, are public records. State ex rel. Railroad Ventures, Inc. v. Columbiana Cnty. Port Auth., 2004 WL 187415 (Ohio Ct. App. 2004).
Information relating to real property sales prices, descriptions, characteristics, and other related information received from a private entity by the comptroller or the chief appraiser of an appraisal district under Chapter 6, Tax Code, is excepted from the requirements of Section 552.021. Tex. Gov't Code § 552.149(a).
“[R]ecords prepared in contemplation of sale, exchange, lease, rental, or other compensated transaction of real . . . property . . . which, if disclosed prior to completion of the transaction, would reveal the appraisal or estimated value of the subject property” are classified as protected, with certain specified exceptions. Id. § 63G-2-305(9).
All deeds, contracts of sale, leases, and other documents or copies of same conveying land or an interest therein to the state, except for transportation rights-of-way, leases, and conveyances, shall be filed in the office of the secretary of state. 3 V.S.A. § 10(a).
All deeds, contracts of sale, leases, and other documents conveying land or an interest in land from the state as grantor, except for transportation rights-of-way, leases, and conveyances, shall be made out in duplicate by the authorized agent of the state. The original shall be delivered to the grantee and the duplicate copy, so marked, shall be filed in the office of the secretary of state. 3 V.S.A. § 10(b).