The Municipal Code (Decree 12-2002), does not prohibit the sale of municipal property: it regulates it. Its art. 100 counts the price from the sale of real estate among the municipality's income; art. 106 states that the property and assets making up the municipal treasury are the exclusive property of the municipality and enjoy the same guarantees and privileges as property and assets owned by the state; art. 107 gives the municipality the administration of its property and assets with no limits other than those set by law; and art. 108 subjects the sale, exchange and lease of municipal property to the State Procurement Law and other fiscal laws, with the powers of the Ministry of Public Finance applying to the Municipal Council, and requires the favourable vote of two-thirds (2/3) of all members of the Municipal Council for a resolution ordering a sale, exchange, registrable lease or auction, except for goods and services produced by the municipality, its service units and its enterprises. Communal land adds a further layer of verification: art. 109 requires the municipal government to establish, after consulting community authorities, mechanisms guaranteeing community members the use, conservation and administration of community lands whose administration has traditionally been entrusted to the municipal government, and the RIC Law (Decree 41-2005, art. 23, letter y) counts among communal lands those recorded in the name of the state or of the municipalities but traditionally held under a communal regime.
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- Municipal Council vote required to order the sale, exchange, registrable lease or auction of municipal property
Two-thirds (2/3) of all members
Municipal Code, Decree 12-2002, art. 108Código Municipal
