7240 - SITE ACQUISITION

Elk Rapids Schools

Bylaws & Policies

7240 - SITE ACQUISITION

The Board of Education recognizes a responsibility to anticipate the need for future site locations as school programs expand, enrollment grows and facilities wear out or become obsolete. The Board believes that such anticipation is a part of facilities planning, and has therefore directed that proposals for site acquisition and disposal be considered by all citizens' advisory committees formed for the purpose of studying and recommending facilities needs in the District.

The Board also believes that real property acquired and/or held by the District must have a planned or perceived, present or future, educational purpose, and that the acquisition of real property solely for investment purposes is not a valid function of this Board.

In the acquisition of sites for the District the Board intends to pay the fair market value for real property acquired, with neither special sacrifice nor undue reward to the seller.

7240.1	Acquisition Procedures

	The power to buy real property for the District rests solely and entirely with the Board. Any action to buy real property shall be taken in a Board meeting open to the public and recorded in the minutes of that meeting. However, the Board may discuss any aspects of real property acquisition or disposal in closed session(s).

	The Superintendent shall carry out all sales contract negotiations in accordance with directions and limitations required by the Board, shall keep the Board informed of the progress of the negotiations and shall make certain that all legal and other requirements for a valid contract have been met before the Board commits the District to the terms of any contract.

	Prior to any purchase of real property the Superintendent shall obtain for the Board's consideration:

	A.	A recent value appraisal of the property being considered;

	B.	Information regarding the existence of any potential land ownership liabilities such as the possible presence of toxic wastes;

	C.	Information regarding any land use restrictions and/or permits which may be required;

	D.	A competent legal opinion as to the marketability of the title to the property being considered;

	E.	Other specific information which may be requested by the Board in order to determine that the property will serve the purpose intended, including but not limited to topographical maps, engineering and architectural opinions, soil borings, watershed restrictions, etc.

		Because any deviation from the strict requirements of law may render a transaction void, the process used in the acquiring of real property shall be carried out in strict conformance with law.

M.C.L.A. 380.143, 380.1262