AGO 85-6.

Case Date:April 02, 1985
Court:Colorado
 
FREE EXCERPT
Colorado Attorney General Opinions 1985. AGO 85-6. April 2, 1985Department of Law Attorney General Opinion FORMAL OPINION of DUANE WOODARD Attorney General Opinion No. 85-6 AG Alpha No. CO ED AGANS Chase Riveland Executive Director Department of Corrections Springs Office Park, North Building 2860 South Circle Drive, Suite 2200 Colorado Springs, CO 80906 RE: Leasing Authority of the Division of Correctional IndustriesDear Mr. Riveland: I write in response to your question about the authority of the Division of Correctional Industries to lease real property. You have requested this opinion in order to assess the legal powers and responsibilities of the division with respect to certain proposed lease transactions affecting state lands and buildings presently subject to the possession and control of the Department of Corrections. QUESTION PRESENTED AND CONCLUSION Whether or not the Correctional Industries Act, article 24 of title 17, C.R.S. (1978 & 1984 Supp.), clearly confers upon the Division of Correctional Industries the power and authority to lease real property under the control of the Department of Corrections? Yes, if the particular transaction is in furtherance of the declared purposes of the Correctional Industries Act, and is not contrary to the constitution, statutes, laws, and regulations of the State of Colorado. ANALYSIS By virtue of the Correctional Industries Act, the general assembly clearly conferred upon the Division of Correctional Industries the authority to lease real property for the express purposes stated in the Act. Section 17-24-106, C.R.S. (1978 & 1984 Supp.), grants the Division of Correctional Industries broad powers to effectuate its lawful objectives. Specifically, subsection 17-24-106(1) enables the division: "To purchase, lease, trade, exchange, or otherwise acquire, maintain, and dispose of real property and personal property and any interest therein pursuant to law"; "/t/o enter into contracts, execute all instruments, and do all things necessary or convenient in the exercise of the powers granted in this article pursuant to law"; and "/t/o have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this article, which powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the...

To continue reading

FREE SIGN UP