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The Revised Statutes provide 5 methods for the disposal of surplus movable property by local political subdivisions:
1. R.S. 49:125 – the Division of Administration sale procedure (public auction via a qualified licensed auctioneer);
2. R.S. 33:4712(F) – for property with a value of less than $5000;
3. R.S. 33:4711.1 – sale via the internet;
4. R.S. 33:1321, et seq. – the Local Services Law, which allows a local political subdivision to sell its surplus movable property to another public entity through an intergovernmental agreement and without needing to meet the requirements of a p public sale or the Public Bid Law (See, AG Op. No. 14-0005); and
5. R.S. 49:125.1 – transfer of surplus electronic devices to certain non-profits in return for services proportional to the value of the surplus devices transferred.
In all case, prior to selling the property, the local entity must first declare the property as “surplus property;” that is, the governing authority determines that the property is no longer needed for a public purpose. This is usually done via ordinance or resolution.
Additionally, in all cases, the local entity must receive fair market value, whether in money or services, in exchange for the sale of the surplus property.
See also LLA's Surplus Movable Property FAQs for more details about each of the types of sales.Louisiana Legislative Auditor website: 05/09/2025 01:07:48 AM |