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AGO Opinions with Topic: HIGHWAYS DEPARTMENT
AGLO 1975 No. 62 >  July 17, 1975
OFFICES AND OFFICERS - STATE - HIGHWAYS DEPARTMENT
DISPOSITION OF CERTAIN SURPLUS HIGHWAY LAND (1) In those instances in which the highway lands (including air space) purchased with motor vehicle fund moneys are to be leased or sold to a county or city for nonhighway purposes, the purchaser or lessee, even though it is also a governmental agency, will be required to provide such monetary or other consideration as is necessary, under the particular factual circumstances involved, to avoid an unlawful diversion of motor vehicle funds. (2) On the other hand, if the lands and/or air space are required to be used by the acquiring county or city for such "highway" purposes as could, constitutionally, be the direct object of motor vehicle fund expenditures themselves, no other consideration will constitutionally be necessary in order to justify the transaction under the provisions of Article II, § 40 (Amendment 18).
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