Q Our town would like to sell immovable property that was previously used as a park. What is the procedure?

A There are multiple methods available to a municipality regarding municipal real property, and the determination of which is appropriate is one to be made by the governing authority. Generally speaking, in order for a municipality to dispose of property, the governing authority must make a factual finding on the minutes that the property is surplus. The primary authority for disposal of surplus property by a municipality is found at Section 21-17-1. Additionally, Section 17-25-25 gives general authority to dispose of surplus municipal property. (Attorney Generalís Opinion to
Hall, July 26, 2019)