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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.

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