Property Laws

Site:	MSL Learn
Course:	Next Level Montana Library Law
Book:	Property Laws

Printed by:	Guest user
Date:	Friday, April 4, 2025, 11:16 AM

Description

Read through this section to learn about laws related to property.

Who Owns Library Property?
Legal Opinions
Understanding
District Libraries

Who Owns Library Property?

City or County Libraries

22-1-309, MCA vests the trustees of city or county libraries with exclusive control over the construction or lease of library buildings. They have the power to acquire, by purchase, devise, lease or otherwise, and to own and hold real and personal property in the name of the city or county or both; and to sell, exchange or dispose of real or personal property when they determine it is no longer required.

City or county libraries can accept gifts, grants, donations, bequests of property (real and personal) from whatever source to expend or hold.

The library board and director need to work with the city or county to determine how library property will be insured. In some cases, the city or county may want to add the library to their insurance policy.

In other cases, the library board may need to include insurance coverage in the library’s budget, and the library director will need to work with an insurance provider to obtain a policy.

Changes were made to 7-8-2519, MCA during the 2017 legislature and management of county real property has been separated from management of personal property.

7-8-2519. Acquisition of real property. The board may purchase, receive by donation, or retain as provided in this part any real property that the board determines to be necessary or useful for the operation and management of the county.

It is unclear whether the prescribed processes for the disposal, exchange, and transfer of county property in current law impact previous attorney general opinions regarding the blanket authority of library boards to control, manage, sell, or exchange library real property.

Please consult with the city or county attorney for questions on this topic.

Legal Opinions

42 Op. Att’y Gen. No. 98 affirms that, per 22-1-309 (4), MCA

the public library board of trustees shall have the power to acquire, by purchase, devise, lease or otherwise, and to own and hold real and personal property in the name of the city or county or both, as the case may be, for the use and purposes of the library and to sell, exchange or otherwise dispose of property real or personal, when no longer required by the library and to insure the real and personal property of the library.

A city or county commission does not have the authority to override a decision by the library board regarding library property, even if the property is held in the name of the city or county, because the intention of its acquisition was to serve the library.

Understanding

Similar to the relationship between the library board and the library director, a successful relationship between the library board and the local government must be built upon trust, respect, and an understanding of and appreciation for one another’s roles. As we see in this section, responsibility and authority are sometimes spelled out in law but must still be approached with tact and the desire to build or maintain a good working relationship.

Developing trust and a good relationship is key. It can also be helpful for the library board and local governing body to have a memorandum of understanding (MOU) that spells out responsibilities for maintenance, updates, and paying for anything facilities related. This is particularly helpful when personnel change as it spells out historically who is responsible for maintenance of the building.

If you want your library’s relationship to its local governing body to be stronger and more resilient, you can explore this topic more in-depth in the guidebook Connecting with Local Government Officials.

District Libraries

22-1-707, MCA grants broad and general authority to the district trustees in the management of buildings.

Library districts are authorized to lease, purchase, or contract for the purchase of personal property.

They may hold title to buildings and facilities.
They may accept by transfer the ownership or control of a library building from a county or city.
They may accept donations of land or facilities within the district to be used for district purposes with the concurrence of the county governing body.
They may accept donations and personal property.
They are empowered to exercise powers necessary for the operation and management of the district.

Yet as a political subdivision of the county, coordination with the Board of County Commissioners is essential in the acquisition of real property.

Cooperation with the County is important, and to maintain the public’s investment in personal or real property the Library District Board may authorize building projects that fall within the budgetary amount allocated to the District. Library districts are a creation of the Board of County Commissioners, and upon dissolution of the district the assets and liabilities transfer back to the Board of County Commissioners.

For any type of library, working together is in the best interest of the Trustees, the Commissioners, and the general public.

Now it is time to work through some Property Scenarios.

Property Scenarios