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This entry was published on 2014-09-22
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Purchase and sale of real and personal property
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 51
§ 2511. Purchase and sale of real and personal property. 1. The board
of education may purchase real and personal property for any of the
purposes authorized by law and shall take title thereto in the name of
the school district. The board of education is hereby empowered to sell
and convey the same, when it deems it for the best interest of the
school district, except that the purchase, acquisition and sale of real
property and motor vehicles for the transportation of children shall be
subject to the approval of the voters, to the same extent as in a union
free school district. In the event that an owner of real property
refuses to sell such property to the board of education or such owner is
unable to agree with such board on the purchase price thereof, such
board shall have authority to institute such proceedings and take such
action as may be necessary to acquire title to such property pursuant to
the eminent domain procedure law.

2. A board of education may petition the municipality in which the
property affected is situated to institute proceedings under the eminent
domain procedure law, to acquire real property described in the petition
which the board of education has certified to be necessary for
educational purposes. The resolution granting the petition shall set
forth the amount to be paid by the board of education to the
municipality for such property or in lieu thereof that the board of
education shall pay to the municipality all sums expended or required to
be expended by the municipality in the acquisition thereof, and the time
of payment and the manner of securing payment thereof, and may require
that the municipality shall receive, before proceeding with the
acquisition of such property, such assurances as to payment or
reimbursement by the board of education or otherwise as the municipality
may deem advisable. Upon the passage of a resolution by the local
legislative body of the municipality granting the petition, the board of
education shall cause four copies of surveys or maps of the property
described in the petition to be made, one of which shall be filed in the
office of the board of education, one in the office of the corporation
counsel or chief law officer of the municipality, one in the office of
the clerk of the municipality and one in the office in which instruments
affecting real property in the county are recorded. The filing of such
copies of surveys or maps shall be conclusive evidence of the acceptance
by the board of education of the terms and conditions of such
resolution. The municipality may proceed under the provisions of the
eminent domain procedure law for the acquisition of real property for
public improvements. When title to the property shall have vested in the
municipality, it shall convey the same to the board of education upon
payment by the board of education of the sums and the giving of the
security required by the resolution granting the petition. As soon as
title shall have vested in the municipality, the board of education may,
upon the authorization of the mayor or chief executive officer of the
municipality by whatever name known, enter upon the property taken, take
over and dispose of existing improvements, and carry out the purposes
for which the property was acquired. Whenever in connection with
condemnation proceedings, requirement is made in any applicable general,
special or local law for the performance of an act by a department or
officer of the municipality, it shall be regarded for the purposes of
this section as compliance therewith if with the approval of the mayor
or other chief executive officer such act is performed by the board of
education or by persons specially designated by it.