STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

June 3, 1968

Mercedes MacKay
State Library Commission
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 67-68 pg. 489

Municipalities. Municipalities not authorized to enter into Lease Purchase Agreement to build a library building.

You have submitted information whereby a municipality in the State of Iowa proposes to build a library building under a lease purchase agreement and you have inquired whether a municipality in South Dakota may also build a library building under similar lease purchase agreement.

It is basic in South Dakota that municipalities only have those powers that are expressly granted by statute or fairly implied, or incident to the powers expressly granted.

There are several statutes that do grant the State and political subdivisions the power and authority to enter into lease purchase agreements, such as SDC 1960 Supp. 15.2203, SDC 55.2803, as amended by Chapter 159, Session Laws of 1964 and Chapter 286, Session Laws of 1963, as amended by Chapter 187, Session Laws of 1968.

Chapter 187, Session Laws of 1968 specifically authorizes the governing body of each municipality to enter into lease purchase agreements for constructing nursing homes, hospitals, retirement homes or related institutions for the care of the aged.

I find no specific statute that authorizes a municipality to enter into a lease purchase agreement for a library, therefore, it is my opinion that a municipality does not have the power or authority to enter into a lease purchase agreement to build a library building.