SCHOOL PROPERTIES DISPOSAL PROCEDURE  

EXCHANGE METHOD  

Whenever the school board shall find and determine, by resolution duly and lawfully adopted and spread upon its minutes, (a) that it shall need other lands located within the school district for school purposes, (b) that the district owns lands of equal value to such needed lands which could be exchanged for such needed lands, (c) that the value of the two (2) tracts is equal according to qualified appraisals, and (d) that the owners of the other lands are agreeable to such exchange, the school board of such school district shall be authorized and empowered, in its discretion, to negotiate a trade of lands upon such terms and conditions as the school board may, in its discretion, deem proper in consideration of the needs of the district and of the benefits which will inure to the said school district.  

Any such trade of lands shall be subject to approval by the chancery court of the county in which the school lands lie.  Notice of the hearing before the chancery court shall be published in a  newspaper of general circulation in the school district for three (3) consecutive weeks, the first notice to be at least thirty (30) days prior to the hearing. ' 37-7-431 (2000)  

SALE -- METHOD 1  

When this school district shall own any land, buildings, or other  property that is not used for school or related school purposes  and not needed in the operation of the schools of the district,  the school board of such school district may sell and convey such land, buildings or other property in the manner provided in Sections 37-7-453 through 37-7-457. ' 37-7-451 (1987)  

SALE -- METHOD 2   Whenever this school board shall find and determine, by resolution duly and lawfully adopted and spread upon its minutes:

1. That any school building, land, property or other school facility is no longer needed for school or related purposes and is not to be used in the operation of the schools of the district, or that such school building, land, property or other school facility may yield a higher long-term economic value to the district, in the discretion of the local school board;  
    
2. That the sale of the property in the manner otherwise  provided by law is not necessary or desirable for the financial welfare of the school district; and   
    
3. That the use of the school building, land, property or other school facility for the purpose for which it is to be sold, conveyed or leased will promote and foster the development and improvement of the community in which it is located and the civic, social, educational, cultural, moral, economic or industrial welfare thereof, the school board of such school district shall be authorized and empowered, in its discretion, and upon the terms and conditions set forth in Section 37-7-477, to sell, convey, lease or otherwise dispose of same for any of the purposes set forth herein.  Such sale, conveyance, lease or other disposition, including retention of partial interest, or undivided interest or other ownership interest, shall be made upon such terms and conditions and for such consideration, nominal or otherwise, as the school board may, in its discretion, deem proper in consideration of the benefits which will inure to the school district or the community in which the school building, property or other facility is located by the use thereof for the purpose for which it is to be sold, conveyed, leased or otherwise disposed of.  The authority conferred by Sections 37-7-431 through 37-7-483 may be exercised by a school board in the sale, conveyance or lease of relocatable classrooms to the school board of another school district.  Said sections without reference to another statute shall be deemed full and complete power for the exercise of the authority conferred hereby.  ' 37-7-471 (2005)

DISPOSAL OF PROPERTY FOR CERTAIN CIVIC, CHURCH, OR ECONOMIC USES 

Upon being authorized by a resolution of the school board as is provided by Section 37-7-471, the president and secretary shall be authorized and empowered to execute, for and on behalf of the school district, a conveyance or lease of the property for the purposes, upon the terms and conditions, and for the consideration provided and specified by the school board, including retention of a partial interest, or undivided interest or other ownership interest in the property, in the discretion of the school board.  It shall not be necessary or requisite that competitive bids be advertised for or received in connection with such sale, conveyance, leasing or other disposition of property. ' 37-7-473 (2005)  

DEVELOPMENT OF SURPLUS SCHOOL PROPERTY (LAND)  

For school board authorization and procedures related to development of surplus school property (land), please see MS Code Section 37-7-485. (2006)  

SURPLUS TEXTBOOKS  

Local school boards shall make available to the parents or legal guardians of any children of school age who reside in the school district administered by the school board, upon request, any textbooks on the state surplus inventory list.  The parent or legal guardian is responsible for the return of the textbook(s) to the local school district upon completion of the textbook(s) use.  Failure to return the textbook(s) to the school district will result in the parents or legal guardians being responsible for compensating the school district for the fair market value of the textbook(s).  This subsection shall stand repealed from and after July 1, 2011.  ' 37-43-1 (2006)

LEGAL REF.: MS CODE as cited

ADOPTED:  08/11/2009