Q What is the proper procedure for a municipality to acquire real property?

A A municipality’s authority to purchase real property is found in Section 21-17-1(1) which allows a municipality “to purchase and hold real estate either within or without the corporate limits, for all proper municipal purposes. Additionally, a municipality may, if necessary exercise the eminent domain authority granted to it in Section 21-37-47. The process for acquiring real property utilizing public funds is laid out in Section 43-37-3. The procedure includes, among other requirements, an appraisal unless the fair market value of the property is less than ten thousand dollars ($10,000). (Attorney General’s Opinion to Reynolds, June 3, 2016)