53A-2-120 - Transfer of school property to new school district.
53A-2-120. Transfer of school property to new school district.
(1) (a) On July 1 of the year following the school board elections for the new andexisting districts as provided in Section 53A-2-119, the board of the existing district shall conveyand deliver to the board of the new district all school property which the new district is entitled toreceive.
(b) (i) Any disagreements as to the disposition of school property shall be resolved by thecounty legislative body.
(ii) Subsection (1)(b)(i) does not apply to disagreements between transition teams aboutthe proper allocation of property under Subsection 53A-2-118.1(4).
(2) Title vests in the new school board, including all rights, claims, and causes of actionto or for the property, for the use or the income from the property, for conversion, disposition, orwithholding of the property, or for any damage or injury to the property.
(3) The new school board may bring and maintain actions to recover, protect, andpreserve the property and rights of the district's schools and to enforce contracts.
(4) (a) The intangible property of the existing school district shall be prorated between itand the new district on the same basis used to determine the new district's proportionate share ofthe existing district's indebtedness under Section 53A-2-121.
(b) Subsection (4)(a) does not apply to the allocation of intangible property between aremaining district and a new district created under Section 53A-2-118.1.
Amended by Chapter 215, 2007 General Session
Amended by Chapter 306, 2007 General Session