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Donations by one county to a neighboring county

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February 09, 2019, 19:24
John Greenwood
Donations by one county to a neighboring county
Can a county donate surplus property to a neighboring county? If so under what authority.
February 13, 2019, 10:27
Scott Brumley
Not that I can see. The county may sell surplus property to another county without using a competitive bidding or auction process. See Loc. Gov't Code sec. 263.152(a)(1). The only authorization for donation is in subsection (a)(4), which allows donation of surplus property to a civic or charitable organization within the county if sale of the property--essentially--isn't worthwhile, the donation serves a public purpose and the county will receive some value, such as being relieved of disposal costs. Otherwise, the whole "gift" bugaboo of art. 3, section 52(a) of the Constitution arises.
February 14, 2019, 09:37
John Greenwood
Thanks for the reply. That was my conclusion as well, just checking that I was not missing something.
February 14, 2019, 10:58
Is there a way to transfer to property pursuant to some sort of intergovernmental agreement? Any service or value they can provide to you in return?