Q May a municipality return real property donated for a specific purpose to a donor when the municipality fails to use the donated property for the purpose for which it was donated?

A No, in the absence of a reverter clause contained in the instrument in which the property was originally conveyed, the municipality may not return the subject real property even when the municipality fails to use the donated property for the purpose for which it was donated. Once donated property is accepted by a municipality, it becomes municipal property and must be expended or disposed of in the same manner as other municipal property in accordance with 17-25-25. Prior opinions authorizing the return of property relate to donated funds, rather than donated real property. (Attorney Generalís Opinion to Emerson, October 21, 2016)