1. The Laws of New York
  2. Consolidated Laws
  3. Education
  4. Title 2: School District Organization
  5. Article 51: City School Districts of Cities With Less Than One Hundred Twenty-five Thousand Inhabitants


Section 2511 Purchase and sale of real and personal property

Education (EDN)

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.