CDB(LEGAL) - OTHER REVENUES: SALE, LEASE, OR EXCHANGE OF SCHOOL-OWNED PROPERTY

Note: For legal requirements applicable to the disposition of real property acquired with federal funds, see CBB.

Sale or Exchange of Real Property

Publication of Notice and Bidding Requirements

Open-Enrollment Charter School Offer

Exceptions

Generally

  1. Narrow strips of land, or land that because of its shape, lack of access to public roads, or small area cannot be used independently under its current zoning or under applicable subdivision or other development control ordinances;
  2. Streets or alleys, owned in fee or used by easement;
  3. Land or a real property interest originally acquired for streets, rights-of-way, or easements that the district chooses to exchange for other land to be used for streets, rights-of-way, easements, or other public purposes, including transactions partly for cash;
  4. Land that the district wants to have developed by contract with an independent foundation;
  5. A real property interest conveyed to a governmental entity that has the power of eminent domain; or
  6. The land or interests described by items 1 and 2, above, may be sold to abutting property owners:
    1. In the same subdivision if the land has been subdivided; or
    2. In proportion to their abutting ownership, and the division between owners must be made in an equitable manner.

Local Gov't Code 272.001(b)–(c)

Higher Education Institutions

Other Political Subdivisions

  1. The land or interest will be used by the political subdivision to which it is donated or sold in carrying out a purpose that benefits the public interest of the donating or selling district;
  2. The donation or sale of the land or interest is made under terms that effect and maintain the public purpose for which the donation or sale is made; and
  3. The title and right to possession of the land or interest revert to the donating or selling district if the acquiring political subdivision ceases to use the land or interest in carrying out the public purpose.

Local Gov't Code 272.001(l)

Sale of Instructional Facility Financed with State Allotment

Lease of Property to a Governmental Entity

  1. Lease property owned by the district to another political subdivision or an agency of the state or federal government; or
  2. Make an agreement to provide office space in property owned by the district to the other political subdivision or agency.
  1. Shall determine the terms of the lease or agreement so as to promote and maintain the public purpose;
  2. May provide for the lease of the property or provision of the office space at less than fair market value; and
  3. Is not required to comply with any competitive purchasing procedure or any notice and publication requirement imposed by Local Government Code Chapter 272 or other law.

Local Gov't Code 272.005

Sale or Lease of Minerals

  1. Describe the land to be leased; and
  2. Designate the time and place at which the board will receive and consider bids for the lease.

Natural Resources Code 71.005

Donation of Former School Campus

  1. Before adopting the resolution, the board holds a public hearing concerning the donation and, in addition to any other notice required, gives notice of the hearing by publishing the subject matter, location, date, and time of the hearing in a newspaper having general circulation in the territory of a district;
  2. The board determines that:
    1. The improvements have historical significance;
    2. The transfer will further the preservation of the improvements; and
    3. At the time of the transfer, the district does not need the real property or improvements for educational purposes; and
  3. The entity to whom the transfer is made has shown, to the satisfaction of the board, that the entity intends to continue to use the real property and improvements for public purposes.
  1. Recite the resolution of a board authorizing the donation; and
  2. Provide that ownership of the real property and improvements revert to a district if the municipality, county, state agency, or nonprofit organization:
    1. Discontinues use of the real property and improvements for public purposes; or
    2. Executes a document that purports to convey the property.

Education Code 11.1541(a)–(b)

Note: Regarding disposal of school buses, see CNB. Regarding disposal of school-owned personal property, see CI. Regarding geospatial data products, see CQA.

Brock ISD

CDB(LEGAL)-P

UPDATE 113

DATE ISSUED: 6/13/2019