Could a Louisiana town discard obsolete computers that failed to sell as surplus property?

Plain-English summary

The Louisiana Municipal Association asked how towns could dispose of old computers and office equipment with essentially no market value. In 2000, the attorney general's office described two authorized sale routes for surplus movable property: a private sale under La. R.S. 33:4712(F) and an advertised public auction under La. R.S. 49:125. It said equipment that failed to sell even at minimal pricing could be discarded.

For the private-sale route, the opinion listed a governing-body resolution explaining the sale and setting minimum price and terms, advance published notice, and sale to the highest bidder. The request said the computers had already failed to sell under that route.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Municipal officials at the time

The office said surplus movables should be disposed of through one of the statutory sale procedures it described. If property did not sell even at minimal pricing, it could be discarded.

Property managers at the time

The opinion applied that sequence to obsolete computers and office equipment that the requester said had no market value.

Common questions

Q: Could a town simply discard old computers without offering them for sale?
A: The opinion said to follow an authorized surplus-property sale procedure first, and allowed disposal after the property failed to sell even at minimal pricing.

Q: What private-sale procedure did the opinion describe?
A: It described a resolution with reasons, price, and terms; published advance notice; and sale to the highest bidder for qualifying property.

Q: Could the property instead be sold at auction?
A: Yes. The opinion cited an advertised public-auction route for political subdivisions.

Background and statutory framework

La. R.S. 33:4712(F), as described in the opinion, allowed qualifying municipal movable property to be sold privately after specified resolution, notice, and bidding steps. La. R.S. 49:125 allowed advertised public auctions. The office then addressed the requester's account of equipment that had not sold despite minimal pricing.

Citations and references

• La. R.S. 33:4712(F) (municipal private sale of movables)
• La. R.S. 49:125 (public auction)
• Attorney General Opinion 98-352 (earlier outdated-computer recommendation)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0461

Original opinion text

December 21, 2000
OPINION NUMBER 00-461

71 MUNICIPALITIES
110 STATE – SURPLUS PROPERTY
La. R.S. 33:4712(F)
La. R.S. 49:125
Mr. John A. Gallagher
Municipalities must follow the procedures outlined in La. R.S.
LMA Staff Attorney
33:4712(F) and La. R.S. 49:125 to dispose of surplus movable
700 North 10th Street
property.

Baton Rouge, Louisiana 70821

Dear Mr. Gallagher:

We received your request for an opinion regarding the disposal of surplus movable property that is owned by a municipality. You specifically inquire as to the ways in which municipalities can dispose of obsolete computers and office equipment, which essentially have no market value.

There are a number of ways in which a municipality can dispose of movable property. La. R.S. 33:4712 (F) authorizes a municipality to sell movable property, which has an appraised value of $5,000 or less, at private sale provided as follows: there is a resolution which gives the reasons for the action of the governing authority and further sets the minimum price and terms of the sale as adopted; notice of the resolution and proposed sale is published at least 15 days prior to the date of the sale; and the sale is made to the highest bidder.

La. R.S. 49:125 allows for the sale of surplus movable property at public auction by any political subdivision of the state. This sale must be advertised. Our office previously recommended that this statute be utilized in the disposal of outdated computers owned by a parish assessor’s office. See Attorney General Opinion 98-352.

As indicated in your request, these computers did not sell, despite minimal pricing, when offered for sale pursuant to La. R. S. 33:4712 (F). As such, they have no value and it is our opinion that they may be discarded.

Therefore, it is our opinion that municipalities must follow one of the procedures outlined above for the disposal of surplus movable property. If the property does not sell, even at minimal pricing, the municipality may discard the property. If you have any questions or comments, please do not hesitate to contact our office.

Page 2

Mr. John A. Gallagher
Opinion No. 00-461
Page 2

With kindest regards,

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:
TINA VICARI GRANT
Assistant Attorney General

RPI/TVG:crt

Page 3

OPINION NUMBER 00-461

SYLLABUS

71 MUNICIPALITIES

110 STATE – SURPLUS PROPERTY
La. R.S. 33:4712(F)
La. R.S. 49:125

Municipalities must follow the procedures outlined in La. R.S. 33:4712(F) and La. R.S. 49:125 to dispose of surplus movable property.

Mr. John A. Gallagher
LMA Staff Attorney
700 North 10th Street
Baton Rouge, Louisiana 70821

DATE RECEIVED: 11/15/00

DATE RELEASED: December 21, 2000

AUTHOR: TINA V. GRANT
ASSISTANT ATTORNEY GENERAL