STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

February 24, 1969

Richard D. Gibb, Commissioner
Regents of Education
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 69-19

Legislative approval needed to change the use of buildings under the control of the Board of Regents

Dear Mr. Gibb:

You have submitted the following factual situation to me for an official opinion:

"The University of South Dakota has a state-owned dormitory which is advantageously located for office and classroom space. The Board of Regents, with their authority to issue Revenue Bonds for dormitories, are able to furnish the student with much better facilities and find it somewhat of a problem to rent these older state-owned dormitories."

The question you have submitted, in connection with this situation, is whether the Board of Regents can convert this state-owned dormitory into general offices and classrooms.

This specific question has never been covered by a previous Attorney General's opinion or South Dakota Supreme Court decision. However, by examining the powers which the board does have, it can be inferred that it does have the authority to change the use of a building. The answer to your question, therefore, is YES.

Section 3 of Article XIV of the South Dakota Constitution placed all institutions of higher learning, therein named and those thereafter to be sustained either wholly or in part by the state, under the control of that Board we denominate as the Board of Regents.

In addition, the Legislature has given the Board the power:

"To sue and be sued, to hold and manage, for the purposes for which they were established, any property belonging to the educational institutions under its control, collectively or severally, of which it shall in any manner become possessed." (SDC 15.0706)

and the power, where not expressly prohibited:

"To govern and regulate each institution under its control in such manner as it shall deem best calculated to promote the purpose for which the same is maintained, and shall have charge and supervision of all buildings and property connected therewith, and the construction of all buildings for the same which have been or may hereafter be authorized by law." (SDC 15.0708)

Previous Attorneys General have held that the powers enumerated in the two previously quoted statutes allowed the Board to lease parcels of land to faculty members for construction of temporary housing, 1945-46 AGR 375; to lease unused buildings, 1961-62 AGR 67; and to designate the educational purposes to which buildings constructed by legislative enactment could be used, 1959-60 AGR 99.

The answer to your question, therefore, is YES.

Respectfully submitted,

Gordon Mydland
Attorney General