Q May a community college donate real property back to the donor?

A No, surplus real property may not be donated back to the original donor. Such property may be sold at public sale in accordance with the provision of Section 37-29-75. There is no prohibition against the original donor bidding on the property at the public sale. Sales of surplus property, real and personal, are specifically addressed in Section 37-29-75, which requires the surplus property be sold by the board of trustees upon sealed bids or at public auction after three (3) weeks’ advertisement in a newspaper in the county where said property is located. (Attorney General’s Opinion to Marshall, September 9, 2016)