36 CFR 18.5 – May property be leased without receiving fair market value rent?
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Property may be leased under this part only if the lease requires payment of rent to the government equal to or higher than the property’s fair market value rent. The determination of fair market value rent shall take into account:
Terms Used In 36 CFR 18.5
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(a) Any restrictions on the use of the property or terms of the lease that limit the value and/or the highest and best use of the property; and
(b) Any requirements under the lease for the lessee to restore, rehabilitate or otherwise improve the leased property.