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2008-2009 Louisiana Attorney General Reports and Opinions 1 (2008-2009)

handle is hein.sag/sagla0008 and id is 1 raw text is: March 12, 2008 Opinion No. 08-0001 88 POLICE JURIES - In General Michael L. Hughes 90-A-2 PUBLIC FUNDS Loan, Pledge or Grants First Assistant District Attorney La. Const. art. VI, § 23 La. Const. art. VI I, § 14(A) Twentieth Judicial District La. R.S. 33:4712.10 Post Office Box 338 PostOffie Bo 338The appraisal obtained by the seller of the four acre unimproved tract Jackson, Louisiana 70748 of land in West Feliciana Parish cannot be used to determine the fair market value of the land because it includes the value of improvements proposed to be made to the property after purchase by Dear Mr. Hughes: the police jury, in violation of La. R.S. 33:4712.10. Your request for an Attorney General's Opinion has been assigned to me for research and reply. You have asked for our opinion regarding the validity of two appraisals of a four acre unimproved tract of land in West Feliciana Parish which the West Feliciana Parish Police Jury proposes to acquire for use as a sewerage treatment facility. Article VI, § 23 of the Louisiana Constitution authorizes political subdivisions to acquire property. It provides: Subject to and not inconsistent with this constitution and subject to restrictions provided by general law, political subdivisions may acquire property for any public purpose by purchase, donation, expropriation, exchange, or otherwise. When a political subdivision purchases property with a value greater than $3,000.00, La. R.S. 33:4712.10 requires an appraisal: Notwithstanding any other provision of law to the contrary, no political subdivision shall purchase immovable property with a value greater than three thousand dollars unless prior to such purchase the property has been appraised by a qualified appraiser. No such appraisal shall include the value of improvements proposed to be made to the property after purchase by the political subdivision. The purchase of immovable property for a price that exceeds the appraised value of the property would be tantamount to a donation of public funds; and therefore, a violation of Article VII, § 14(A) of the 1974 Constitution. La. Atty. Gen. Op. Nos. 99-251, 89-581.