Idaho State Statutes - Idaho Attorney Directory

REAL AND PERSONAL PROPERTY -- ACQUISITION, USE OR DISPOSAL OF
SAME. The board of trustees of each school district shall have the following
powers and duties:
1. To rent to or from others, school buildings or other property used, or
to be used, for school purposes.
2. To contract for the construction, repair, or improvement of any real
property, or the acquisition, purchase or repair of any equipment, or other
personal property necessary for the operation of the school district.
Except for the purchase of curricular materials as defined in section
33-118A, Idaho Code, such contract shall be executed in accordance with the
provisions of chapter 28, title 67, Idaho Code.
3. To designate and purchase any real property necessary for school
purposes or in the operation of the district, or remove any building, or
dispose of any real property. Prior to, but not more than one (1) year prior
to, any purchase or disposal of real property, the board shall have such
property appraised by an appraiser certified in the state of Idaho, which
appraisal shall be entered in the records of the board of trustees, and shall
be used to establish the value of the real property. The board of trustees
shall determine the size of the site necessary for school purposes. The site
shall be located within the incorporated limits of any city within the
district; provided, however, that if the board finds that it is not in the
best interests of the electors and the students of the district to locate the
site within the incorporated limits of a city, the board, by duly adopted
resolution setting forth the reasons for its finding, may designate a site
located elsewhere within the district. In elementary school districts, except
upon removal for highway purposes, a site may be designated or changed only
after approval of two-thirds (2/3) or more of the electors voting at the
annual meeting.
4. (a) To convey, except as provided by paragraph (b) of this subsection,
by deed, bill of sale, or other appropriate instrument, all of the estate
and interest of the district in any property, real or personal. In
elementary school districts, except such conveyance as is authorized by
subsection 6. of this section, any of the transactions authorized in this
subsection shall be subject to the approval of two-thirds (2/3) or more of
the electors voting at the annual meeting.
Prior to such sale or conveyance, the board shall have the property
appraised pursuant to this section, which appraisal shall be entered in
the records of the board of trustees. The property may be sold at public
auction or by sealed bids, as the board of trustees shall determine, to
the highest bidder. Such property may be sold for cash or for such terms
and conditions as the board of trustees shall determine for a period not
exceeding ten (10) years, with the annual rate of interest on all deferred
payments not less than seven percent (7%) per annum. The title to all
property sold on contract shall be retained in the name of the school
district until full payment has been made by the purchaser, and title to
all property sold under a note and mortgage or deed of trust shall be
transferred to the purchaser at the point of sale under the terms and
conditions of the mortgage or deed of trust as the board of trustees shall
determine. Notice of the time and the conditions of such sale shall be
published twice, and proof thereof made, in accordance with subsections g.
and h. of section 33-402, Idaho Code, except that when the appraised value
of the property is less than one thousand dollars ($1,000), one (1) single
notice by publication shall be sufficient and the property shall be sold
by sealed bids or at public auction.
The board of trustees may accept the highest bid, may reject any bid,
or reject all bids. If the real property was donated to the school
district the board may, within a period of one (1) year from the time of
the appraisal, sell the property without additional advertising or
bidding. Otherwise, the board of trustees must have new appraisals made
and again publish notice for bids, as before. If, thereafter, no
satisfactory bid is made and received, the board may proceed under its own
direction to sell and convey the property. In no case shall any real
property of the school district be sold for less than its appraisal.
The board of trustees may sell personal property, with an estimated
value of less than one thousand dollars ($1,000), without appraisal, by
sealed bid or at public auction, provided that there has been not less
than one (1) published advertisement prior to the sale of said property.
If the board, by a unanimous vote of those members present, finds that the
property has an estimated value of less than five hundred dollars ($500)
and is of insufficient value to defray the costs of arranging a sale, the
property may be disposed of in the most cost-effective and expedient
manner by an employee of the district empowered for that purpose by the
board.
(b) Real and personal property may be exchanged hereunder for other
property. Provided, however, that aside from the provisions of this
paragraph, any school district may by a vote of one-half (1/2) plus one
(1) of the members of the full board of trustees, by resolution duly
adopted, authorize the transfer or conveyance of any real or personal
property owned by such school district to the government of the United
States, any city, county, the state of Idaho, any hospital district
organized under chapter 13, title 39, Idaho Code, any other school
district, any library district, any community college district, or any
recreation district, with or without any consideration accruing to the
school district, when in the judgment of the board of trustees it is for
the interest of such school district that said transfer or conveyance be
made. Prior to any transfer or conveyance of any real or personal property
pursuant to this paragraph 4.(b), the board shall have the property
appraised by an appraiser certified in the state of Idaho, which appraisal
shall be entered in the records of the board of trustees, and shall be
used to establish the value of the real or personal property.
5. To enter into contracts with any city located within the boundaries of
the school district for the joint purchase, construction, development,
maintenance and equipping of playgrounds, ball parks, swimming pools, and
other recreational facilities upon property owned either by the school
district or the city.
6. To convey rights-of-way and easements for highway, public utility, and
other purposes over, upon or across any school property and, when necessary to
the use of such property for any such purpose, to authorize the removal of
school buildings to such new location, or locations, as shall be determined by
the board of trustees, and such removal shall be made at no cost or expense to
the school district.
7. To authorize the use of any school building of the district as a
community center, or for any public purpose, and to establish a policy of
charges, if any, to be made for such use.
8. To exercise the right of eminent domain under the provisions of
chapter 7, title 7, Idaho Code, for any of the uses and purposes provided in
section 7-701, Idaho Code.
9. If there is a great public calamity, such as an extraordinary fire,
flood, storm, epidemic, or other disaster, or if it is necessary to do
emergency work to prepare for national or local defense, or it is necessary to
do emergency work to safeguard life, health or property, the board of trustees
may pass a resolution declaring that the public interest and necessity demand
the immediate expenditure of public money to safeguard life, health or
property. Upon adoption of the resolution, the board may expend any sum
required in the emergency without compliance with this section.

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