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<br />~ <br /> <br />ii.'f('"' <br /> <br />_nw u~~lCES 2140 4TH RVE ~ 612427 5543 <br /> <br />NO. 336 <br /> <br />[; <br /> <br />Can SUch a gift Conveyance be made to a charitable <br />o~nization which is under the control of a particular religious <br />denomina tion? <br /> <br />QUESTION .y <br /> <br />M1SWER <br /> <br />The gift conveyance must be for a PlJl3LIC PURPOSE. If The Fish <br />pond 'is a charitable organization that serve. the puhlic without <br />d::L stinction a. to religious denomination it would be a suffiCient <br />public PUJ:];>ose to allow for such a conveyance. <lowever, if The <br />F;Lsh Pond serves only the members of that church such a conVeyance <br />of a gift by a municipal corporation to such an organization is not <br />se;r;ling a, "puhlic" interest but rather Only the interest ofa <br />particular religious denomination. In' that ConVeyance of a gift <br />would not be approp:date. <br /> <br />~UESTION .I'I..I <br /> <br />Can a city COnvey a gift of personal property to a Charitable <br />orga.nization if that charitable organization is not PhYSically <br />located within the boundaries of that muniCipality? <br /> <br />ANS~ <br /> <br />The city must be able to make a finding that the gift <br />onveyance to Such an organization will serve the !1lJNICIPAj;, <br />clIT.El<ESTS of the city conveYing the gift. In this particular Set <br />~ facts the Ramsey City COuncil would need to eStabliSh Findings <br />~hat the conveyance of the personal property as a gift would serve <br />tbe mUllicipal interests of its own citizens. ObViously, the <br />further the geographic location of the charitable organization is <br />from the municipality conveYing the gift, the more difficult it is <br />to find that the conveYance of such a gift is setiring the pUblic <br />purpose and municipal interests of those citizens. <br /> <br />Ell' way of e"ample, it took special legislation by the 1997 <br />Legislature to allow muniCipalities to convey gifts to flood <br />victims in Northwest Minnesota. The reaSOn for this legiSlation <br />was becaUse of the inabil i tYfor municipalities to show that the <br />conveyance of SUch a gift to a distant oi ty would serve the hest <br />intsrests of the Citizens of the munioipality OonveYing the gift. <br />Thsrefore, absent ouoh legislation the City ,of Ramsey Would be <br />unable to donate SUch computero to the Ci ty of Eaot Grand Forks. <br /> <br />, -112- <br />