OAG 48-82.

• Case Date: April 29, 1948
• Court: Oregon

Oregon Attorney General Opinions 1948. OAG 48-82. 506OPINION NO. 48-82[23 Or. Op. Atty. Gen. 506]Soil conservation district supervisors not empowered to borrow money and mortgage property of the district as security therefor.507 The mere power of sale or lease in a statute does not, by implication, confer the authority to mortgage.No. 713April 29, 1948State Soil Conservation Committee of OregonGentlemen: In your letter of April 27, 1948, you ask to be advised whether or not soil conservation district supervisors are empowered to borrow money and to mortgage property. It is indicated that the Keating soil conservation district has applied to the First National Bank of Baker for a loan, to be secured by a mortgage on a caterpillar tractor owned by the district. Section 109-306, O. C. L. A., enumerates the powers of the supervisors of soil conservation districts, and provides in part as follows: "A soil conservation district organized under the provisions of this act shall constitute a governmental subdivision of this state, and a public body, corporate and politic, exercising public powers, but without power to tax, levy bonds, or make assessments. The supervisors thereof shall have the following powers subject to the written approval of the state soil conservation committee: "(5) to obtain options upon and to acquire, by purchase, exchange, lease, gift, grant, bequest, devise, or condemn by power of eminent domain any property, real or personal or rights or interests therein; to maintain, administer, and improve any properties acquired, to receive income from such properties and to expend such income in carrying out the purposes and provisions of this act; and to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and the provisions of this act; "(10) to sue and be sued in the name of the district; to have a seal, which seal shall be judicially noticed; to have perpetual succession unless terminated as hereinafter provided; to make and execute contracts and other instruments, necessary or convenient to the exercise of its powers; to make, and from time to time amend and repeal, rules and regulations not inconsistent with this act, to carry into effect its purposes and powers; * * *." (Italics supplied) The above statute clearly indicates that a soil conservation district...