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AGO 1955 No. 33 - February 28, 1955
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Don Eastvold | 1953-1956 | Attorney General of Washington

CITIES AND TOWNS ‑- POWER TO PURCHASE ‑- REAL PROPERTY OUTSIDE CITY. 

A city of the third class may purchase real property outside its corporate limits when such property is to be used for municipal purposes.

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                                                                February 28, 1955

Honorable Cliff Yelle
State Auditor
Legislative Building
Olympia, Washington                                                                                                                Cite as:  AGO 55-57 No. 33

 Attention:  !ttMr. A. E. Hankins            Chief Examiner

Dear Sir:

            We have your letter of February 18, 1955, in which you requested our opinion as to whether a city of the third class may purchase a tract of land and building outside the corporate limits of the city to be used for municipal purposes in storing street department equipment.

             In our opinion a city of the third class may purchase property outside corporate limits for municipal purposes.

                                                                      ANALYSIS

             A city of the third class is given specific powers by statute to purchase land for municipal purposes.  RCW 35.24.300 provides as follows:

             "The city council of such city shall have power to purchase, lease, or otherwise acquire real estate and personal property necessary or proper for municipal purposes and to control, lease, sublease, convey or otherwise dispose of the same; * * *"

              [[Orig. Op. Page 2]]

            McQuillin, Municipal Corporations, 3rd Edition, § 28.05 at page 10 says that by the weight of authority a municipal corporation, where not expressly prohibited, may purchase real estate outside of its corporate limits, for legitimate municipal purposes "especially under a broad charter provision as one conferring power to purchase and hold real estate sufficient 'for the public use, convenience, or necessities'."

             We conclude, therefore, that a city of the third class could, under the broad powers conferred by RCW 35.24.300, purchase property outside the corporate limits of the city for the purpose mentioned above.

 Very truly yours,
 DON EASTVOLD
Attorney General

EDWARD M. LANE
Assistant Attorney General

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