dissenting.
The Commission of the City of Brunswick adopted a resolution in June 1991 to transfer part of a city park to a church in exchange for church property. The trial court denied a motion by two city residents seeking to enjoin the conveyance. Because OCGA § 36-37-6 (c) grants municipalities the power to trade property when it is in the municipality’s best interest, I would affirm.
1. The code provision governing the disposition of municipal property requires any municipality disposing of real property to sell to the highest responsible bidder by sealed bids or auction, “[ejxcept as otherwise provided in this Code section.” OCGA § 36-37-6 (a). The remaining subsections (b) through (h) provide exceptions to the general rule set out in subsection (a). Subsection (b) provides exceptions for personal property valued at less than $500 and municipal cemetery lots regardless of value. Subsection (c) deals with the exchange of property:
Nothing in this Code section shall prevent a municipal corporation from trading or swapping property with another property owner if such trade or swap is deemed to be in the best interest of the municipal corporation.*406Decided July 16, 1992 Reconsideration denied July 30, 1992. Rountree & Souther, George M. Rountree, for appellants.
OCGA § 36-37-6 (c) (1987).9
Construing the statutory language, subsection (c) enables municipalities to trade or swap property with another property owner without receiving sealed bids or conducting an auction so long as the exchange is in the best interest of the municipal corporation. The term “best interest of the municipal corporation” means an exchange for property of like or higher value to the municipal corporation.10 The city commission’s minutes approving the exchange indicate that the church property was of equal size and value to the park property. Since the proposed exchange meets the best interest test, the Brunswick City Commission had the power to convey the park property in exchange for the church property.
2. Contrary to the assertions of the majority opinion, the same analysis and result would have been reached under the statute prior to the 1983 recodification of the code. The previous code provision dealing with the sale of municipal property had three paragraphs. Paragraph one provided procedures for the sale of property to the highest bidder after notice of the proposed sale; paragraphs two and three contained exceptions. See Ga. Code Ann. § 69-318 (Harrison 1976). The exceptions for the sale of cemetery lots, personal property valued at less than $500, and trading or swapping of property were contained in the second paragraph. Their position in the same paragraph does not mean that trading or swapping was limited solely to cemetery lots or personal property under $500, as the majority opinion contends. Instead, like OCGA § 36-37-6 (c), the prior statute permitted municipalities to bypass the notice and bid requirements for the sale of property when the city planned to dispose of property by an exchange.
I am authorized to state that Presiding Justice Bell joins in this opinion.
*407Eugene Highsmith, Wallace E. Harrell, Lisa S. Godbey, for appellees.Although the common law authorities cited in footnote three of the majority opinion prohibit a municipality from conveying land dedicated as a public park without express legislative authority, OCGA § 36-37-6 provides the necessary legislative authority to a municipal corporation to sell or dispose of property devoted to public use.
Despite the majority opinion’s warning of the “bizarre possibility” of a trade of city hall for a goat, such a trade would be an abuse of the city commission’s discretion. See OCGA § 36-30-2; see also Goodman v. City of Atlanta, 246 Ga. 79, 80 (268 SE2d 663) (1980) (city authorities may not exercise their power in a capricious and arbitrary manner). The requirement that the exchange meet the best interest of the municipality limits the trades that a city may make.