Could a Louisiana town sell its own topsoil and purchased gravel to residents?

Plain-English summary

The Town of Homer sold residents topsoil taken from town land and gravel the town bought for resale. Its mayor asked whether the practice was proper. In Opinion 03-0069, the Louisiana Attorney General gave different answers for the two materials. He said topsoil sales could be appropriate if the proceeds supported town operations and the required surplus-property sale procedures were followed. He found the gravel practice inappropriate on the facts supplied because the town had not bought the gravel through public bidding.

The short headline printed on the source's first page says the town "should not sell topsoil" for private use, but the letter's actual analysis expressly allows the described sale conditionally. This page follows the signed letter's reasoning and conclusion rather than treating the headline as its holding.

Currency note

This opinion was issued in 2003. 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.

What the opinion meant at issuance

Town officials selling soil

The AG said a town-owned topsoil sale could be appropriate when the proceeds supported town operations. He described procedures for privately selling low-value surplus movable property: an authorizing resolution with sale terms, advance notice, and sale to the highest bidder. He also mentioned advertised public auction as an alternative.

Municipal purchasers handling gravel

The opinion treated the town's purchase of gravel as subject to Louisiana's Public Bid Law. Based on the facts supplied, those purchases had not been by bid, which is why the AG called the practice inappropriate.

Common questions

Q: Did the AG ban Homer from selling all town-owned topsoil?
A: No. Despite the first-page headline, the letter said the sale could be appropriate if the proceeds supported town operations and the town followed the stated sale procedures.

Q: Why did the AG object to the gravel sales?
A: The objection concerned how the town bought the gravel. The AG said the Public Bid Law applied, and he understood the purchases had not been made by bid.

Q: Could the town simply negotiate a private topsoil sale?
A: The opinion described conditions for private sale of surplus movable property with an appraised value of $5,000 or less, including a resolution, notice at least fifteen days before sale, and sale to the highest bidder. It also described advertised public auction.

Background and statutory framework

The mayor's request distinguished topsoil originating on town property from gravel purchased for resale. The opinion cited La. R.S. 33:4712 and La. R.S. 49:125 for surplus-property sales, and La. R.S. 38:2211, et seq for public bidding. The first-page date is OCR-damaged, so the exact issue date is blank.

Citations and references

Authorities in the opinion: La. R.S. 33:4712; La. R.S. 49:125; La. R.S. 38:2211, et seq.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0069

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

DEPARTMENT OF JUSTICE
One American Place
301 Main Street, Suite 600
CIVIL DIVISION
P.O. Box 94005
BATON ROUGE
TEL.: (225) 342-7013
FAX: (225) 342-2090
RICHARD P. IEYOUB
70804-9005
ATTORNEY GENERAL
MAY. o pinion 2 2 ZOO3
Number 03-0069

      Honorable Huey Dean                   71         Municipality

Mayor, Town of Homer
Town of Homer should not sell topsoil to its
400 East Main
residents for their private use.
Homer, LA 71040

Dear Mayor Dean:

The Town of Homer is in the practice of selling topsoil and gravel to its residents for their private use. You question if this practice is appropriate. The town purchases the gravel and in turn sells it to its residents. The topsoil comes from property that the town owns.

This practice may or may not be appropriate. If the topsoil comes from town property and the proceeds are used to assist with the town’s operation, this practice is appropriate. We do note, however, there are certain procedures that must be followed.
A municipality may sell surplus movable property that has an appraised value of $5,000.00 or less at a private sale provided it has a resolution that states the purpose of the sale and sets the price and terms of the sale. Notice of the resolution and proposed sale must be published at least 15 days prior to the sale. The sale must be to the highest bidder.1 A municipality ma~/ also sell surplus movable property at public auction. The sale must be advertised."

As to the gravel, if the town is purchasing it, it must comply with Louisiana’s Public Bid Law.3 As we appreciate the information provided to us, these purchases have not been by bid and, therefore, this practice is inappropriate.

If you have any questions, please do not hesitate to contact me. With kindest regards,

Yours very truly,

RICHARD P. IEYOUB
Attorney General

BY:
TINA VICARI GRANT
Assistant Attorney General
RPI/TVG/dam
1
La. R.S. 33:4712
2
La. R.S. 49:125
3
La. R.S. 38:2211, et seq