§ 1-706. Concessions and leases for public property  


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  •    (a) Legislative policy. -- It is the policy of the State to authorize each county and municipality to displace or limit competition in the awarding of concessions on, over, or under property owned or leased by the county or municipality and in the leasing or subleasing of property owned or leased by the county or municipality to:

       (1) use its assets properly for the best public purpose;

       (2) protect the public from unscrupulous business practices and excessive prices;

       (3) provide maximum accessibility to public property;

       (4) provide desirable or necessary governmental services at the lowest possible cost; and

       (5) promote the general welfare by using public property for the benefit of the residents of the county or municipality.

    (b) Authority. -- Notwithstanding any anticompetitive effect, a county or municipality may:

       (1) (i) grant one or more franchises for any concession on, over, or under property owned or leased by the county or municipality on an exclusive or nonexclusive basis;

          (ii) control prices and rates for the franchise; and

          (iii) adopt rules and regulations for the operation of the franchise; and

       (2) lease or sublease publicly owned or leased real property on terms that the county or municipality determines.


HISTORY: An. Code 1957, art. 23A, § 2A(d), art. 25, § 3D(c), art. 25A, § 5A(c), art. 25B, § 13B(d); 2013, ch. 119, § 2.