§ 79-485 — New districts; formation from dissolved district possessing property; property and indebtedness; how apportioned

Nebraska § 79-485

• Jurisdiction: Nebraska
• Ch. 79: Schools

Text

When a new district is formed in whole or in part from one or more districts possessing a schoolhouse or other property of a dissolved district, the State Committee for the Reorganization of School Districts, at the time of forming such new district or as soon thereafter as possible, shall determine the amount justly due to such new district from any dissolved district or districts out of which the new district was in whole or in part formed. The amount shall be determined as nearly as practicable according to the relative value of the taxable property in the respective parts of such former district or districts with the whole value thereof at the time of such division. The fact that the schoolhouse or other property is not paid for shall not deprive such new district of its proportionate share of the value thereof. Such new district shall remain bound for such indebtedness to the same extent as though the new district had not been formed, unless in case of indebtedness not bonded, it shall be adjusted as provided in section 79-489 . When a new district embraces all of one or more former districts, the new district shall succeed to all the properties and other assets and be responsible for all unbonded indebtedness of such former dissolved district or districts.

Legislative History

Source: Laws 1881, c. 78, subdivision I, § 9, p. 334; R.S.1913, § 6708; C.S.1922, § 6246; C.S.1929, § 79-109; R.S.1943, § 79-122; Laws 1949, c. 256, § 53, p. 710; Laws 1963, c. 477, § 1, p. 1533; R.S.1943, (1994), § 79-414; Laws 1996, LB 900, § 234; Laws 1999, LB 272, § 64. Annotations: When a school district succeeds to all property and assets of former dissolved districts it is liable for breaches of teachers' contracts by former districts if former districts would have been liable. Knapp v. School Dist. No. 109R of Red Willow and Frontier Counties, 190 Neb. 237, 207 N.W.2d 223 (1973). Apportionment of assets of school districts upon partial or complete merger, division, or annexation decided. School Dist. No. 74 of Hall County v. School Dist. of Grand Island, 186 Neb. 728, 186 N.W.2d 485 (1971). After creation of new rural high school district from county high school district, county superintendent is required to determine amount due new district. State ex rel. Venango Rural High School Dist. v. Ziegler, 173 Neb. 758, 115 N.W.2d 142 (1962). Lapse of time, unless it works an estoppel, will not prevent new district from asserting right to division of property. School Dist. No. 46 of Douglas County v. School Dist. No. 53 of Douglas County, 49 Neb. 33, 68 N.W. 366 (1896). Superintendent must apportion property before new district can maintain action. School Dist. No. 17 of Kearney County v. School Dist. No. 2 of Kearney County, 17 Neb. 177, 22 N.W. 360 (1885). Where division is made after levy of taxes, new district may recover its share. School Dist. No. 6 of Hamilton County v. School Dist. No. 9 of Hamilton County, 13 Neb. 166, 12 N.W. 921 (1882). Where division is made before levy, levy cannot be made on new district. School Dist. No. 9 of Hamilton County v. School Dist. No. 6 of Hamilton County, 9 Neb. 331, 2 N.W. 712 (1879). Parent district cannot use funds setoff to new district. State ex rel. McMillan v. Hodge, 4 Neb. 265 (1876).