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AG 2001 12 17
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AG 2001 12 17
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Last modified
7/19/2002 4:28:34 PM
Creation date
11/27/2017 11:46:34 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
12/17/2001
Board
Board of Commissioners
Meeting Type
Regular
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Disposal of Fixed Assets <br />A unit may not dispose of an asset which continues to have a public <br />purpose. Under the North Carolina Constitution, it is generally <br />unconstitutional for local governments to dispose of property for <br />less than its fair market value. A gift of property or a sale at well <br />below market value constihates the granting of an "exclusive <br />privilege or emolument" to the person receiving the property, <br />which is prohibited by Article l, Section 32 of the Constitution. <br />Most of the procedures by which a local government is permitted to <br />sell or otherwise dispose of property are competitive, and the NC <br />Supreme Court has indicated that the price resulting from an open <br />and competitive procedure will normally be considered appropriate <br />unless strong evidence indicates that it is so significantly below <br />market value as to show an abuse of discretion. <br /> <br />It is not always constitutionally necessary that a local government <br />receive any monetary consideration when it conveys property. A <br />contract with the receiving party to put the fixed asset to some <br />public use constitutes sufficient consideration for the conveyance. <br />(The receiver is usually, but not always, another government) G.S. <br />153A-176 provides that a local government may lease, sell, or <br />convey with or without monetary consideration, land or interest in <br />land to a volunteer fire department or to a volunteer rescue squad <br />for the purpose of constructing or expanding volunteer fire <br />department or rescue squad facilities. G.S. 143A-176 provides that <br />"whenever a county is authorized to appropriate funds to any <br />public or private entity which carries out a public purpose, the <br />county may, in lieu of or in addition to the appropriation of ~unds, <br />convey by private sale to such an entity any real or personal <br />property which it owns." <br /> <br />G.S. 153A-176 sets out three competitive methods of sale, each of <br />which is appropriate in any circumstance: sealed bid, negotiated <br />offer and upset bid, and public auction. Privately negotiated <br />exchanges of property are also permitted, so long as property of <br />equal value is exchanged between two governmental entities; and, <br />privately negotiated sales or other disposition of property is <br />permitted when the property is valued at $5,000 or less. In <br />undertaking any of them, a local government must remember that <br />the statutory procedure must be exactly followed or the transaction <br />risks invalidation by a court. <br /> <br />Advertisement for Sealed Bids: <br /> <br />3O <br /> <br /> <br />
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