§ 33:4712 — Sale, exchange, or lease of property by a municipality

§4712. Sale, exchange, or lease of property by a municipality
A. A municipality may sell, lease for a term of up to ninety-nine years, exchange, or
otherwise dispose of, to or with other political corporations of this state, or private persons,
at public or private sale, any property, or portions thereof, including real property, which is,
in the opinion of the governing authority, not needed for public purposes.
B. Except as otherwise provided in this Section, before disposition can be made of
property under the provisions of this Subpart, an ordinance must be introduced, giving the
reasons for the action on the part of the governing authority, and fixing the minimum price
and terms of the sale, lease, exchange, or other contract to be made with reference to the
property. In instances of exchanges of municipally owned immovable property valued at one
hundred thousand dollars or more, the municipality, prior to introduction of the
aforementioned ordinance, shall for a minimum of three times in thirty days advertise for and
receive other proposals for the exchange of property comparable with the exchange of
properties proposed by the municipality; however, exchanges involved in the relocation of
public streets, roads, highways, servitudes, rights of way, and/or public franchises shall not
be subject to this requirement. Thereafter, notice of the proposed ordinance must be
published three times in fifteen days, one week apart, in a newspaper published in the
municipality or, if there is no such newspaper, in a newspaper having a general circulation
in the municipality, and if there is no newspaper of general circulation in the municipality,
by posting in three public and conspicuous places in the municipality.
C. Any opposition to the proposed ordinance shall be made in writing, filed with the
clerk or secretary of the municipality within fifteen days after posting of the above notice or
its first publication. If an opposition is filed, the governing authority shall not adopt the
ordinance until a hearing has been held. If the ordinance is adopted, it shall not become
effective until ten days after its passage, during which time any interested citizen may apply
to the district court having jurisdiction of the municipality for an order restraining the
disposition of the property. After the ordinance becomes effective, it cannot be contested for
any reason.
D. The provisions of this Section relating to exchanges shall not apply to any
exchange authorized by ordinance prior to January 1, 1983.
E. Notwithstanding any other provision of law to the contrary, a municipality may
sell, lease for a term of up to ninety-nine years, exchange, or otherwise dispose of any real
property, or portions thereof, to other political, public, or quasi public corporations, to state
agencies or to private persons without the necessity of advertisement or bid, if the property
sold, exchanged, or leased is dedicated for the purpose of creating a research and
development park in cooperation with the Board of Supervisors of Louisiana State University
and Agricultural and Mechanical College, the Board of Supervisors of Southern University
and Agricultural and Mechanical College, or the Board of Trustees for State Colleges and
Universities and the governing authority of the appropriate parish or municipality. Before
disposition can be made of property under the provisions of this Subpart, an ordinance must
be introduced giving the reasons for the actions on the part of the governing authority and
fixing the terms of the sale, lease, exchange, or other contract to be entered into with respect
to the property so dedicated. The assumption of the obligation by the vendee or lessee to
establish, operate, and manage a research and development park in accordance with
restrictions and covenants mutually agreed between the municipality and the lessee or vendee
shall constitute valid consideration to the municipality for the sale, lease, or exchange of the
dedicated property.
F. Notwithstanding any provisions of this Section to the contrary, a municipality may
sell any movable property having an appraised value of five thousand dollars or less at
private sale provided that:
(1) A resolution giving the reasons for the action on the part of the governing
authority and fixing the minimum price and terms of the sale shall be adopted.
(2) Notice of the resolution and proposed sale shall be published once at least fifteen
days prior to the date of the sale in the official journal of the municipality.
(3) The sale shall be made to the person with the highest bid.
G. Notwithstanding any provisions of this Section to the contrary, a municipal police
officer who retires with at least twenty years of active service and who is in good standing
with the Municipal Police Employees' Retirement System shall be entitled to purchase his
firearm at fair market value upon retirement, subject to approval by the chief of police and
the local governing authority.
H. The governing authority of a municipality may, by ordinance, establish any
procedure it deems appropriate for the private sale of a police dog that is no longer needed
for police work to a police officer who trained or worked with the dog in exchange for
consideration proportionate to the value of the dog.

Legislative History

Amended by Acts 1966, No. 486, §1; Acts 1982, No. 473, §1, eff. Jan. 1, 1983; Acts 1992, No. 61, §1; Acts 1993, No. 725, §1; Acts 1995, No. 530, §1; Acts 2010, No. 239, §2; Acts 2021, No. 149, §1.