Q Our city owns a baseball field that has not been used in several years. A local soccer club wishes to improve the facility and turn it into soccer fields, with the city allowing the group first priority for scheduling games and practice, and keeping the grass mowed. May the city enter into such an agreement, or must the city lease the property to the soccer club for fair market value?

A Any rules and regulations governing the use of parks adopted by a municipality must apply uniformly to all members of the public. A municipality does not have the authority to grant a specific group priority access to a municipal park If, however, the property in question fits within the statutory definition of surplus property, the city may be able to lease the property in accordance with Section 21-17-1(2). Additionally, depending on the facts, the city may have the authority to lease the property for less than fair market value in accordance with Section 21-17-3(a)(i). Please also note that if federal funds were used in the acquisition or improvement of the property, the city must ensure that it is operating in accordance with applicable federal laws and regulations. (Attorney Generalís Opinion to Jacks, September 1, 2017)