Opinion No. 20-2729
November 13, 1920
TO: Honorable Frank H. H. Roberts, President, New Mexico Normal University, Las Vegas, New Mexico.
Board of Regents of Normal University May Dispose of Property of Institution.
OPINION
In reply to your 'phone inquiry regarding the right of the Board of Regents of the Normal University to buy, sell, lease or mortgage real estate of the institution, I wish to advise you that, in my opinion, there is absolutely no doubt regarding the authority of the Board to dispose of the property of the institution in any manner which would be beneficial to the University.
There is not only specific statutory authority for such action by the Board of Regents of the institution, but the very fact that the management and control of the property of the institution is entrusted to the Board of Regents, impliedly gives it a right to sell or buy, mortgage or lease, real estate in accordance with the best interests of the institution. Otherwise, the Board of Regents would be so restricted in its management of the affairs of the institution that it could not function properly.