August 5, 2022

Guidance for Donations to Flood-Impacted Cities

Cities across the commonwealth are responding to the overwhelming need of those affected by the flooding in eastern Kentucky. KLC wants to remind members who intend to donate surplus city property of the required legal process.

KRS 82.083(4)(a) authorizes a city to donate real or personal property to another governmental agency with or without compensation.

To declare the property as surplus before disposal, KRS 82.083(3) requires the city to make a written determination setting forth and fully describing:

(a) The real or personal property;

(b) Its intended use at the time of acquisition;

(c) The reasons why it is in the public interest to dispose of it; and

(d) The method of disposition to be used.

Please note that if the city purchased the property with federal dollars or through other grant opportunities, there might be restrictions on disposal. Please consult with your city attorney in reviewing any grant restrictions associated with the disposal of city property.

Contact KLC Municipal Law Attorney Megan Griffith or any member of the Municipal Law Department for a copy of a sample resolution declaring property as surplus or for further questions.