Request By:
Ms. Kay Martin Doyle
Attorney at Law
Box 790
Salyersville, Kentucky 41465
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of August 3 in which you raise the following question:
"Please advise as to legality of the joint city of Salyersville, County of Magoffin, Park Board's intention to convey 'discreetly' certain property now within the park's authority to a city councilman."
KRS 97.035 provides for the establishment of a joint park board between the city and the county. This board is an independent corporate body limited to the powers and duties prescribed in KRS 97.010 to KRS 97.050. Reference OAG 70-731. KRS 97.040 authorizes the park board to accept by grant or devise real property for park purposes. However, it is given no authority to dispose of park property. Thus, lacking specific authority to dispose of park property, we question the right of the joint board to dispose of its property in the first instance. It is the general rule as expressed in McQuillin, Municipal Corporations, Vol. 10, Section 28.40, that the right to dispose of municipal property is generally expressly conferred by statute or charter provisions or derived from constitutional authorization. For example, KRS 82.081 specifically authorizes all cities to dispose of public property no longer needed for public purposes. Such authority would also exist under the city's home rule authority as expressed in KRS 82.082. Since, however, the joint park board is independent of the city, being a separate entity as previously mentioned, the municipal authority for disposing of property could not be utilized.
Even if authority existed for the disposal of the property in question such disposal would have to be openly and fairly conducted so that the best possible price could be obtained. In this respect we have suggested that it be done either on a competitive bid basis or at public auction.