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2023 Op. Minn. Att'y Gen. 1 (2023)

handle is hein.sag/sagmn0091 and id is 1 raw text is: SCHOOL DISTRICTS: SCHOOL PROPERTY: PURCHASE OF REAL PROPERTY; SALE OF REAL PROPERTY: Intermediate school district's purchase of property from a member district where the member district retains title as security for the purchase price is governed by Minn. Stat. § 465.71 and the limitations therein and is not authorized by Minn. Stat. § 465.035. Overruling prior Attorney General Opinions to the extent they conflict with Minn. Stat. § 465.71. See, e.g., Ops. Atty. Gen. 622-j-22 (Sept. 17, 1974); 622-j-5 (Apr. 30, 1971); 622-I-2 (Jan. 19, 1963); 622- I-2 (Dec. 8, 1961); 622-i-11 (Apr. 3, 1959); 622i2 (Apr. 9, 1958); 622-i-11 (Apr. 3, 1946); 622-I- 11 (Jun. 7, 1909) Minn. Stat. §§ 123B.51, 465.035 and 465.71. Index No. 622-i- 1I The Office of Minnesota Attorney General Keith Ellison helping people afford their lives and live with dignity and respect - www.ag.state.mn.us February 17, 2023 Peter A. Martin Kennedy & Graven, Chartered Fifth Street Towers 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 Re: Opinion Request - Purchase of Schoolhouse Using Contract for Deed Dear Mr. Martin: You represent SouthWest Metro Intermediate District No. 288 (SouthWest or District) and pursuant to Minn. Stat. § 8.07 you request an interpretation of Minnesota law related to the purchase of a building for District purposes. Specifically, you ask whether SouthWest may purchase a school building from one of its member districts pursuant to a contract for deed or installment purchase contract. In our opinion, the purchase of real or personal property by SouthWest from a member district where the member district retains title as security for the purchase price is governed by Minn. Stat. § 465.71 and the limitations therein and is not authorized by Minn. Stat. § 465.035. BACKGROUND SouthWest is an intermediate school district comprised of 11 independent districts. The District was formed pursuant to Minn. Stat. §§ 136D.41-136D.49. The District's mission is to provide services that complement the educational services offered by its member districts. These services include mental health supports and special education. SouthWest owns and operates several buildings and sites to facilitate delivery of these services. 445 Minnesota Street, Suite 1400, St. Paul, MN 55101-2131 Office: (651) 296-3353 - Toll Free: (800) 657-3787 - Minnesota Relay: (800) 627-3529 An Equal Opportunity Employer Who Values Diversity

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