Stevensville School District

FINANCIAL MANAGEMENT

Disposal and Sale of School District Property Without a Vote

The Board is authorized to dispose of site, building, or any other real or personal property of the District, that is or is about to become abandoned, obsolete, undesirable, or unsuitable for school purposes.

To effect proper disposal, the trustees shall pass a resolution stating their decision concerning property disposal. The resolution will not become effective until fourteen (14) days after the resolution is published in a newspaper of general circulation in the District.

Should any taxpayer properly protest the resolution during the fourteen (14) days after the date of publication, the trustees shall submit testimony to the court with jurisdiction.

Once the resolution is effective, or if appealed the decision has been upheld by the court, the trustees shall sell or dispose of the real or personal property in a reasonable manner determined to be in the best interest of the District. Proceeds from the sale of fixed assets can be deposited to the general, debt service, building or any other appropriate fund.

With a Vote

Unless the property can be disposed of without a vote, the Board has the power to dispose of all District property, only when the qualified electors of the District approve of such action at an election called for such approval in accordance with the provisions in Section 20-6-603, MCA.

The money realized from the sale or disposal of real or personal property of the district must be credited to the debt service fund, building fund, general fund, or other appropriate fund, at the discretion of the trustees.

Legal Reference:
§ 20-6-603, MCA Trustees’ authority to acquire or dispose of sites and building-when election required
§ 20-6-604, MCA Sale of property when resolution passed after hearing -appeal procedure

Policy History:
Adopted on: February 12, 2002
Reviewed on: March 11, 2017; July 12, 2022
Revised on: April 11, 2017; August 9, 2022