Answer

In most cases, public property cannot be donated pursuant to Article VII, §14 of the Louisiana Constitution. This constitutional provision requires that in order for the District to transfer public property under its control, it must have the legal authority to make the transfer and satisfy all of the following: 1. The transfer must be for a public purpose for which the District is authorized to carry out; 2. The transfer must not appear on its face to be purely gratuitous (the District should receive something in return for the property it gives up, but it need not be money); and 3. The District should have a reasonable expectation of receiving an equal or greater benefit than the value of the property it is transferring. If the District believes the transfer to the Council on Aging meets all of the above factors, it should enter into a Cooperative Endeavor Agreement (CEA) with the Council, which demonstrates how each of the factors are met. AG Op. No. 11-0117 See the Cabela’s Test and CEA Memo and Sample which can be found on the Legal Assistance & FAQs Overview page of the LLA Website. Louisiana Legislative Auditor website: 06/12/2026 07:44:57 PM