Opinion No.

The Honorable Mike Everett State Senator 412 Broadway Marked Tree, AR 71365

Dear Senator Everett:

This is in response to your request for an opinion on the following question:

Can the City of Harrisburg convey real property to a non-profit corporation for the purpose of operating a day-care center?

The answer to this question will depend upon the particular facts surrounding the conveyance. If it is assumed that by "convey" you mean donate, it is my opinion that the answer is "no." It is generally stated, as a fundamental principle of municipal law, that ". . . a power of use and disposal of…