Q The county owns a parcel of real property that is currently leased to a private company. The company wishes for the county to convey this parcel to it in exchange for an adjoining parcel which has a lower appraised value. May the county make this transfer under Section 19-7-3(3) if the proper findings are made by the board?

A If the board determines that the property being received in the exchange constitutes good and valuable consideration, and makes the determinations required statutorily, then the property may be conveyed without advertising. The requirements of Section 19-7-3(3) are that the property is no longer needed for county purposes and is not to be used in the operation of the county, the sale of the property in the manner otherwise provided by law is not necessary or desirable for the financial welfare of the county, and the use of the property for which it is to be transferred will promote and foster the development and improvement of the community in which it is located and the civic, social, educational, cultural, moral, economic and industrial welfare thereof. (Attorney General’s Opinion to Lamar, August 24, 2012)