Attorney General Opinions and Advisory Letters

Decision Information

Decision Content

Opinion No. 57-18

February 7, 1957

BY: OPINION OF FRED M. STANDLEY, Attorney General Robert F. Pyatt, Assistant Attorney General

TO: Mrs. Georgia L. Lusk, Superintendent of Public Instruction, Department of Education, State of New Mexico, Santa Fe, New Mexico

QUESTIONS

QUESTIONS

Whether the Board of Education of the Village of Bloomfield can lease a small gymnasium building to a nonprofit community organization for a term of ninety-nine (99) years where the building is not in use, and will never be needed for public school purposes.

CONCLUSION

Yes.

OPINION

ANALYSIS

Municipal boards of education, in general, are given like powers as those possessed by county boards of education. Section 73-10-2, N.M.S.A., 1953 Compilation. County boards of education are given the power by Section 73-9-1, N.M.S.A., 1953 Compilation, to acquire and dispose of school property, and by the provisions of Section 73-9-7, N.M.S.A., 1953 Compilation, county boards of education are given supervision and control over school sites, buildings, equipment, etc. We believe that the Board has the power to enter into such lease.

Trusting that this fully answers your inquiry, we remain

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