Judges: RICHARD P. IEYOUB
Filed Date: 2/2/2001
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. McCorquodale:
This office is in receipt of your opinion request wherein you question whether it is proper for the Calcasieu Parish Law Enforcement District (District) to sell, by private sale, immovable property it has declared surplus. You advise that the property has been appraised at approximately $95,000.00 and that an offer of $86,000.00 has been received. Additionally, you make reference to LSA-R.S.
In view of the above, three primary issues are presented:
1) Is the District vested with authority to sell surplus immovable property?
2) In the event such authority exists, can the surplus immovable property be disposed of by private sale?
3) If sold, may the surplus immovable property be disposed of at less than appraised value?
Law Enforcement Districts are political subdivisions of the State. La. Const. Art.
In regard to issue one above, research has revealed no statutory provisions that overtly or directly govern the sale of surplus immovable property by a special service district such as the Calcasieu Parish Law Enforcement District. This finding echoes the result of an earlier opinion of this office, Atty. Gen. Op. No. 92-606.
As cited above, LSA-R.S.
A. In addition to the powers otherwise granted by this Chapter, law enforcement districts shall have the authority to:
(1) To execute such contracts and other instruments and take such other action as may be necessary to fulfill the purposes of this Chapter.
* * *
When read in para materia, LSA-R.S.
As you explained in prior personal communication, the intended use of the proceeds resulting from sale of the surplus immovable property owned by the District is to purchase needed personal protection equipment for the officers and/or deputies of the District. It is the opinion of this office that there can be no more appropriate use of District finances than to provide for the personal safety and protection of those individuals charged with upholding the laws of the State and Parish and protection of its citizenry.
Additional support for the foregoing conclusion can be found in the case of Alexis v. Kare-Sue, Inc.,
Having determined that the District is vested with authority to dispose of its surplus immovable property, the next issue is the procedure that should be followed by the District in disposing of said property, i.e., can the property be disposed of by private sale or is a public sale required.
Again, just as the Revised Statutes do not address specific authority for law enforcement districts to dispose of surplus immovable property, they also fail to address the preferred method of sale. LSA-R.S.
According to State Land Office personnel, these procedures are followed when state land is offered for sale to the public. A description of the property offered for sale as well as the time, place, and terms of the sale are published in the official journal of the state and in the official journal of the parish where the property is located. LSA-R.S.
LSA-R.S.
As can be derived from the above, it is public policy that property no longer needed for public purposes and sought to be sold should first be advertised as such to the general public. As pronounced in Atty. Gen. Op. No. 92-606, "notice to sell land is required because property devoted to public use by its very nature is held and owned by a political subdivision in trust for the use and benefit of its citizens." This publication and notice also allows opportunity for opposition to the proposed action to be made known.
Thus, while there appears to be no known prohibition against private sale of surplus immovable property by a law enforcement district, as a matter of good public policy and out of an abundance of caution, it is the opinion of this office that the proposed sale of surplus immovable property be made public. This public disclosure provides equal opportunity to those who may be interested in purchasing the property as well as to those who may oppose such sale.
Issue number three asks whether it is permissible to dispose of surplus immovable property at a price less than appraised value. Here, again, we have consulted the State Land Office as the Revised Statutes provide no direction. We were advised that their office follows the mandates of LSA-R.S.
You have informed this office that the surplus immovable property sought to be sold by the District was appraised at approximately $95,000.00 in May, 1999 and an offer of $86,000.00 has been made. You further provide that the property was originally the site of an automobile service station and that certain environmental liabilities may exist. It is not clear whether this was taken into account in the appraisal or whether the site has been remediated.
Inquiry should be made into the underlying facts and consideration given to current market value of the property as well as the potential environmental liabilities and costs associated with cleanup and/or remediation. A review of the appraisal and possible re-appraisal may be necessary before proceeding.
Based upon the information presented, we hope this sufficiently addresses your inquiry and if further assistance is required or desired, please do not hesitate to contact our office.
Very truly yours,
RICHARD P. IEYOUB ATTORNEY GENERAL
BY: _________________________________ KEVIN L. HANCHEY Assistant Attorney General
RPI/KLH/tp
Date Received: Date Released: February 2, 2001
KEVIN L. HANCHEY Assistant Attorney General