Request By:
Honorable John P. Kirkham
Attorney at Law
1404 South Virginia Street
Hopkinsville, Kentucky 42240
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in response to your letter of July 15, in which you, as City Attorney for the City of Elkton, seek an opinion concerning the disposition of surplus real property owned by the city. You point out that KRS 45A.425, which is part of the Model Procurement Code, authorizes the disposition of personal property only.
KRS 65.010 and 82.060, which authorized cities to dispose of real property no longer needed for public purpose was repealed in 1980. However, in its place the legislature enacted KRS 82.081, which gives each city the power to acquire and dispose of all types of property, which would, of course, include the disposition of surplus real property.
In addition to KRS 82.081, we refer you to the Home Rule provision, namely, KRS 82.082, giving cities the right to exercise any power and perform any function within its boundaries that is not in conflict with a section of the Constitution or statute. Thus, these two statutes would give the City of Elkton ample authority to dispose of any surplus property no longer needed for public purposes.