§ 2511 — Purchase and sale of real and personal property

New York § 2511

• Jurisdiction: New York
• Law EDN: Education
• Title 2: School District Organization
• Art. 51: City School Districts of Cities With Less Than One Hundred Twenty-five Thousand Inhabitants

Text

§ 2511. Purchase and sale of real and personal property. 1. The board\nof education may purchase real and personal property for any of the\npurposes authorized by law and shall take title thereto in the name of\nthe school district. The board of education is hereby empowered to sell\nand convey the same, when it deems it for the best interest of the\nschool district, except that the purchase, acquisition and sale of real\nproperty and motor vehicles for the transportation of children shall be\nsubject to the approval of the voters, to the same extent as in a union\nfree school district. In the event that an owner of real property\nrefuses to sell such property to the board of education or such owner is\nunable to agree with such board on the purchase price thereof, such\nboard shall have authority to institute such proceedings and take such\naction as may be necessary to acquire title to such property pursuant to\nthe eminent domain procedure law.\n 2. A board of education may petition the municipality in which the\nproperty affected is situated to institute proceedings under the eminent\ndomain procedure law, to acquire real property described in the petition\nwhich the board of education has certified to be necessary for\neducational purposes. The resolution granting the petition shall set\nforth the amount to be paid by the board of education to the\nmunicipality for such property or in lieu thereof that the board of\neducation shall pay to the municipality all sums expended or required to\nbe expended by the municipality in the acquisition thereof, and the time\nof payment and the manner of securing payment thereof, and may require\nthat the municipality shall receive, before proceeding with the\nacquisition of such property, such assurances as to payment or\nreimbursement by the board of education or otherwise as the municipality\nmay deem advisable. Upon the passage of a resolution by the local\nlegislative body of the municipality granting the petition, the board of\neducation shall cause four copies of surveys or maps of the property\ndescribed in the petition to be made, one of which shall be filed in the\noffice of the board of education, one in the office of the corporation\ncounsel or chief law officer of the municipality, one in the office of\nthe clerk of the municipality and one in the office in which instruments\naffecting real property in the county are recorded. The filing of such\ncopies of surveys or maps shall be conclusive evidence of the acceptance\nby the board of education of the terms and conditions of such\nresolution. The municipality may proceed under the provisions of the\neminent domain procedure law for the acquisition of real property for\npublic improvements. When title to the property shall have vested in the\nmunicipality, it shall convey the same to the board of education upon\npayment by the board of education of the sums and the giving of the\nsecurity required by the resolution granting the petition. As soon as\ntitle shall have vested in the municipality, the board of education may,\nupon the authorization of the mayor or chief executive officer of the\nmunicipality by whatever name known, enter upon the property taken, take\nover and dispose of existing improvements, and carry out the purposes\nfor which the property was acquired. Whenever in connection with\ncondemnation proceedings, requirement is made in any applicable general,\nspecial or local law for the performance of an act by a department or\nofficer of the municipality, it shall be regarded for the purposes of\nthis section as compliance therewith if with the approval of the mayor\nor other chief executive officer such act is performed by the board of\neducation or by persons specially designated by it.\n