Title 53A State System of Public Education
Chapter 2 School Districts
Section 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 and
existing districts as provided in Section 53A-2-119, the board of the existing district shall convey
and deliver to the board of the new district all school property which the new district is entitled to
receive.
(b) (i) Any disagreements as to the disposition of school property shall be resolved by the
county legislative body.
(ii) Subsection (1)(b)(i) does not apply to disagreements between transition teams about
the 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 action
to or for the property, for the use or the income from the property, for conversion, disposition, or
withholding 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, and
preserve 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 it
and the new district on the same basis used to determine the new district's proportionate share of
the existing district's indebtedness under Section 53A-2-121.
(b) Subsection (4)(a) does not apply to the allocation of intangible property between a
remaining 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
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