ยง 402. Sale of former schoolhouse or site. 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.
Structure New York Laws
Article 9 - School Buildings and Sites
401 - Sites; Designation and Change.
402 - Sale of Former Schoolhouse or Site.
402-A - Procedures for Closing a School Building.
403 - Application of Proceeds of Sale.
403-A - Leasing of School Property.
403-B - Leasing of School Buildings and Facilities.
404 - Acquisition of Real Property.
405 - Conveyance of Property to Public Corporations.
406 - Vesting of Title of Lands in Certain Cases.
407 - Application to Certain Districts.
408 - Plans and Specifications of School Buildings Must Be Approved by Commissioner of Education.
408-A - Plans and Specifications for Construction of New School Buildings.
409 - School Building Regulations in Relation to Health and Safety.
409-A - Eye Safety Devices for Certain Students and Teachers.
409-B - Use of Mercury Vapor or Metal Halide Lamps Within School Buildings.
409-C - Athletic Safety Equipment.
409-D - Comprehensive Public School Building Safety Program.
409-E - Uniform Code of Public School Buildings Inspection, Safety Rating and Monitoring.
409-F - Electrically Operated Partition and Door Safety.
409-G - Purchase and Use of Paradichlorobenzene Deodorizers.
409-H - Requirements for Notification of Pesticide Applications.
409-I - Procurement and Use of Environmentally-Sensitive Cleaning and Maintenance Products.
409-K - Pesticide Alternatives.
409-L - Posting Child Abuse Hotline Telephone Number.
409-M - Gender Neutral Single-Occupancy Bathroom Facilities.
410 - Officials Not to Be Interested in Sales, Leases or Contracts.
412 - Condemnation of Schoolhouse and Erection of New Schoolhouse in Place Thereof.
413 - Use of School Buildings for Examinations.
414 - Use of Schoolhouse and Grounds.
415 - No Schoolhouse Shall Be Built on Town Line.
416 - School Taxes and School Bonds.
417 - Allocation of Moneys by Regents for Extraordinary Relief to School Districts.
418 - Purchase and Display of Flag.
419 - Display of Flags in Assembly Rooms.