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.