Judges: RICHARD P. IEYOUB
Filed Date: 3/28/2003
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Shows:
On behalf of the Louisiana State Board of Nursing, ("Nursing Board"), you have requested the opinion of this office on whether LSA R.S.
The Louisiana State Board of Nursing is created pursuant to LSA R.S.
LSA R.S.
In order for a state department, agency, board or district to buy or sell immovable property, it must be specifically authorized to do so by the legislative act by which it is created. See Attorney General Opinion Nos. 01-46; 95-342; 94-226; and 82-247. This office is of the opinion that the statutes relating to the establishment of the Louisiana State Board of Nursing do not contain any provision that specifically authorizes the Nursing Board to purchase immovable property. However, this authority could be provided by the legislature.
It should also be noted that the Nursing Board does not have the authority to borrow money or incur debt. Without that authority, the Nursing Board could not borrow the purchase price, mortgage the building nor enter into any owner-financed arrangement.
We trust that this answers your inquiry.
Very Truly Yours,
RICHARD P. IEYOUB Attorney General
By: _______________________________________ RICHARD L. MCGIMSEY Assistant Attorney General Public Finance Contracts Section
RPI/RLM/dam
Date Received: March 28, 2003