N.Y. Education Law § 2511: Purchase and sale of real and personal property

§ 2511. Purchase and sale of real and personal property. 1. The board

of education may purchase real and personal property for any of the

purposes authorized by law and shall take title thereto in the name of

the school district. The board of education is hereby empowered to sell

and convey the same, when it deems it for the best interest of the

school district, except that the purchase, acquisition and sale of real

property and motor vehicles for the transportation of children shall be

subject to the approval of the voters, to the same extent as in a union

free school district. In the event that an owner of real property

refuses to sell such property to the board of education or such owner is

unable to agree with such board on the purchase price thereof, such

board shall have authority to institute such proceedings and take such

action as may be necessary to acquire title to such property pursuant to

the eminent domain procedure law.

2. A board of education may petition the municipality in which the

property affected is situated to institute proceedings under the eminent

domain procedure law, to acquire real property described in the petition

which the board of education has certified to be necessary for

educational purposes. The resolution granting the petition shall set

forth the amount to be paid by the board of education to the

municipality for such property or in lieu thereof that the board of

education shall pay to the municipality all sums expended or required to

be expended by the municipality in the acquisition thereof, and the time

of payment and the manner of securing payment thereof, and may require

that the municipality shall receive, before proceeding with the

acquisition of such property, such assurances as to payment or

reimbursement by the board of education or otherwise as the municipality

may deem advisable. Upon the passage of a resolution by the local

legislative body of the municipality granting the petition, the board of

education shall cause four copies of surveys or maps of the property

described in the petition to be made, one of which shall be filed in the

office of the board of education, one in the office of the corporation

counsel or chief law officer of the municipality, one in the office of

the clerk of the municipality and one in the office in which instruments

affecting real property in the county are recorded. The filing of such

copies of surveys or maps shall be conclusive evidence of the acceptance

by the board of education of the terms and conditions of such

resolution. The municipality may proceed under the provisions of the

eminent domain procedure law for the acquisition of real property for

public improvements. When title to the property shall have vested in the

municipality, it shall convey the same to the board of education upon

payment by the board of education of the sums and the giving of the

security required by the resolution granting the petition. As soon as

title shall have vested in the municipality, the board of education may,

upon the authorization of the mayor or chief executive officer of the

municipality by whatever name known, enter upon the property taken, take

over and dispose of existing improvements, and carry out the purposes

for which the property was acquired. Whenever in connection with

condemnation proceedings, requirement is made in any applicable general,

special or local law for the performance of an act by a department or

officer of the municipality, it shall be regarded for the purposes of

this section as compliance therewith if with the approval of the mayor

or other chief executive officer such act is performed by the board of

education or by persons specially designated by it.