Section 402. Sale of former schoolhouse or site  


Latest version.
  • 1. Whenever the site of a
      schoolhouse shall have been changed, as herein provided, and  after  the
      value  of  such  property  has been appraised by the local assessor or a
      qualified private real property appraiser, the inhabitants of a district
      entitled to vote, lawfully assembled at any district meeting, shall have
      power, by a majority of the votes of those present and voting, to direct
      the sale of the former site  or  lot,  and  the  buildings  thereon  and
      appurtenances  or any part thereof, at such price and upon such terms as
      they shall deem proper; and any deed duly executed by  the  trustees  of
      such  district,  or  a majority of them, in pursuance of such direction,
      shall be valid and effectual to pass all the estate or interest of  such
      school district in the premises.
        2.  Whenever  the education of all the children of any school district
      shall have been provided outside the district for a period of two years,
      or more, pursuant  to  the  provisions  of  article  forty-one  of  this
      chapter,  and  the  site  of  the  schoolhouse or other grounds used for
      school purposes shall have been unused for a like period, and after  the
      value  of  such  property  has been appraised by the local assessor or a
      qualified private real property appraiser, the inhabitants of a district
      entitled to vote, shall have the power, by a majority of  the  votes  of
      those  present  and  voting, to determine that such site or grounds, and
      buildings thereon, are of no further use to the district and  to  direct
      the  sale  thereof, subject to the approval of the commissioner, at such
      price and upon such terms as they shall deem proper; and any  deed  duly
      executed  by  the  trustees  of such district, or a majority of them, in
      pursuance of such direction, shall be valid and effective  to  pass  all
      the estate or interest of such school district in the premises. Prior to
      the  sale  of  school buildings and site or grounds, as provided by this
      subdivision, the board of education or the trustees, having jurisdiction
      thereof, may lease such school buildings and site  or  grounds,  or  any
      part  thereof, for residential purposes for periods not in excess of one
      year. Rentals therefor shall be in such  amounts  and  payable  at  such
      times as the board shall determine.
        Prior  to such sale such board of education or trustees may lease such
      school buildings and site or grounds, or any part thereof,  as  provided
      in section four hundred three-a of this chapter.
        3.  When a credit shall be directed to be given upon such sale for the
      consideration money, or  any  part  thereof,  the  trustees  are  hereby
      authorized  to  take  in  their corporate name such security by bond and
      mortgage, or otherwise, for the payment  thereof,  as  they  shall  deem
      best,  and shall hold the same as a corporation, and account therefor to
      their successors in office and to the district, in the manner  they  are
      now  required  by  law  to  account for moneys received by them; and the
      trustees of any such district and their successors may, in the  name  of
      their  office,  sue  for  and recover the moneys due and unpaid upon any
      security so taken by them or their predecessors.