In the case of a Regional Library, who has the authority to bring condemnation proceedings against a property owner?
AGO 1956 No. 295 states that "… where a city and a county rural library district have joined together to establish and maintain a regional library pursuant to RCW 27.12.080, the city may condemn land for a situs for the library building within the city limits."
Does a library board have the power to sell property?
AGO 1954 No. 233 states that, according to the powers granted to library boards by RCW 27.12.210, although the library board has the power to purchase or lease property, it is not given any power to sell property.
Is there any way of transferring title to a city when property was given to , or purchased by the library board?
AGO 1954 No. 233 states, "Since the board is given no statutory power to transfer title from itself to another, it cannot be done. Where such a power has not been granted by statute, the only way that power can be obtained is by amendment to said statutes."
Note: Opinion modified by AGO Opinion AGLO 1974 No. 101.
Does a library board have the power to dispose of surplus property belonging to a library district by selling it?
AGO Opinion AGLO 1974 No. 101 states that although a library district does not have the general power to sell its property, that "… does not mean, however, that when property is no longer needed for public use by such a district, it cannot be disposed of in some appropriate manner. … Indeed it would appear to be quite 'necessary for the orderly and efficient management and control of the library' for its board of trustees to have some mechanism for disposing of property it no longer needs. The intergovernmental disposition of property act, chapter RCW 39.33 provides one such mechanism, but it is entirely possible for the trustees to devise other mechanisms which would comply with the law regarding disposition of surplus property. It is our opinion, therefore, that a library district does have the power to sell its surplus property…. To this extent, AGO 1954 No. 233 should be deemed modified."
Is the library under an obligation to follow a No Trespass Order between the library's landlord and a third party?
From Municipal Research and Services Center of Washington:
"Based on our understanding of the facts, the library is not a party to the No Trespass Order, so they should have no duty to ensure that the order is enforced. Indeed, it is probably best for the library not to be involved in the dispute between the landlord and [third party]. Unless or until (1) the [third party] cause issues with the library directly, or (2) the landlord formally involves the library, the library should continue to conduct its business as usual."
Does a library district hold the authority to contract for insurance coverage of library property?
An informal AGO Opinion issued 6/6/1975, signed by Assistant Attorney General Wayne L. Williams and addressed to Maryan E. Reynolds, states:
"It would seem to me to be a prudent and perhaps very nearly necessary part of the care of the property of a library, to insure that property against loss. For this reason, it is my view that one may safety imply from the language contained in RCW 27.12.210 the necessary power to secure such insurance coverage… It would appear to be reasonable for the district to exercise that power to employ an insurance broker if the district felt the need for expert advice as to the acquisition of such coverage."
Who should hold title to property purchased by a rural county library district or intercounty rural library district using district funds?
An informal AGO Opinion issued 4/2/1952, signed by Assistant Attorney General Lyle L. Iversen and addressed to Maryan E. Reynolds, Washington State Librarian, states:
“It is our conclusion that property purchased by a rural county library district or an intercounty rural library district should be held in the name of the district and not that of the county… Rural county library districts and intercounty rural library districts are municipal corporations in their own right. As such they are authorized to acquire property and hold it in their own names. It is our opinion that such districts in acquiring property should take title in their own names and not in the names of the counties in which they lie.”
May a damaged book belonging to a public library be donated to a patron after that patron has paid for the book’s replacement?
An informal AGO Opinion issued 1/26/1967, signed by Assistant Attorney General Arthur W. Verharen and addressed to Maryan E. Reynolds, states:
"While a library board's ability to sell real property is questionable, a board does possess the power to transfer title to personal property… There is no legal impediment preventing a library from giving a damaged book to a library patron after the patron has paid for the book's replacement especially in view of the broad powers vested in a library board by RCW 27.12.210."