Opinion No. 358-74
Topics:
LEGISLATURE.
STATE PROPERTY.
STATE UNIVERSITIES.
MISSOURI UNIVERSITY.
Summary conclusion
Section 172.020, RSMo, authorizes the Curators of the University of Missouri to convey land owned by it known as the Weldon Springs land without further legislative approval.
Contents of opinion
November 25, 1974
WITHDRAWN
Honorable Joe Frappier
Representative, District 56
2665 Sorrell Drive
Florissant, Missouri 63033
Dear Representative Frappier:
This opinion is in response to your question asking:
"Does the Board of curators of the University of Missouri have the authority to sell or transfer public undeveloped land in their care or trust to private concerns or enterprises without the consent of the Missouri legislature? Specifically, does the board of curators of the University of Missouri have the legal authority to sell to private individuals all or part of the land in St. Charles County commonly referred to as the Weldon Springs Experimental Farm?"
We understand that the University of Missouri acquired the land in question from the United States of America and that there are no restrictions or conditions in such conveyance which would prohibit such a transfer. Accordingly, the question we answer is whether a specific act of the Missouri legislature is necessary to enable the University to convey such property.
Under Section 172.020, RSMo, the University is incorporated and created a body politic known by the name of "The Curators of the University of Missouri" and has been given various powers among which is power ". . . to take, purchase and to sell, convey and otherwise dispose of lands and chattels; . ." excepting the power ". . . to sell or convey any land contained within the university campus."
We further note that while Section 15(10) of the Omnibus State Reorganization Act (Senate Bill No. 1, 77th General Assembly, First Extra Session) vested title to state lands in the Governor, certain lands, including those owned by the University of Missouri, were excepted. Therefore, the provisions of Section 172.020, RSMo, answer your question because such section clearly authorizes the Curators to convey land owned by it without further legislative approval.
We further note that there are no statutory restrictions applicable to the land in question although restrictions do exist with respect to conveyances of other land, such as land acquired under the Morrill Act, Section 172.740, RSMo.
CONCLUSION
It is the opinion of this office that Section 172.020, RSMo, authorizes the Curators of the University of Missouri to convey land owned by it known as the Weldon Springs land without further legislative approval.
The foregoing opinion, which I hereby approve, was prepared by my Assistant, John C. Klaffenbach.
Very truly yours,
John C. Danforth
Attorney General