Maine Revised Statutes Title 20-A Sec. 4103 – Disposal or other use of real property closed for school purposes
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The following shall control the disposition or other use of school buildings which have been closed pursuant to section 4102. [PL 1983, c. 422, §17 (NEW).]
1. Control. The school building shall remain under the control of the school board.
[PL 1983, c. 422, §17 (NEW).]
Terms Used In Maine Revised Statutes Title 20-A Sec. 4103
- Board of directors: means the governing body with statutory powers and duties for a school administrative district. See Maine Revised Statutes Title 20-A Sec. 1
- Community school district: means a state-approved unit of school administration composed of more than one municipality or school administrative district which may provide public education for any combination of kindergarten through grade 12. See Maine Revised Statutes Title 20-A Sec. 1
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- School administrative district: means a state-approved unit of school administration, composed of one or more municipalities which must provide public education to all public school students in the district. See Maine Revised Statutes Title 20-A Sec. 1
- School administrative unit: means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1
- School board: means the governing body with statutory powers and duties for a school administrative unit. See Maine Revised Statutes Title 20-A Sec. 1
- School committee: means the governing body with statutory powers and duties for a municipal school unit. See Maine Revised Statutes Title 20-A Sec. 1
- Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
2. Lease, use of proceeds. The school board may lease the building for its fair rental value if there is a reasonable likelihood that the building will be needed again for educational purposes.
A. Leases not to exceed 4 years may be entered and may be renewed at the end of any lease period if the school board determines there is still a reasonable likelihood that the building will be needed again for educational purposes. [PL 1983, c. 422, §17 (NEW).]
B. The proceeds from the lease shall be used in the following order:
(1) To cover the maintenance costs on the building;
(2) To reduce any outstanding indebtedness on the building; and
(3) To meet educational expenses which have been approved by the legislative body of the administrative unit in the ordinary budgetary process. [PL 1983, c. 422, §17 (NEW).]
C. Any renovations to a leased building shall be compatible with its reuse as a school building. [PL 1983, c. 422, §17 (NEW).]
[PL 1983, c. 422, §17 (NEW).]
3. Transfer to municipality. The school board may transfer control or ownership of the building which does not have any anticipated use as a school building to the municipal officers or inhabitants of the town or towns.
A. The receiving town or towns, if they accept the transfer, shall be liable for any outstanding indebtedness. [PL 1983, c. 422, §17 (NEW).]
B. If the receiving town or towns are part of a school administrative district or a community school district, then:
(1) If the building had been transferred by the town or towns to the district, the district may require the town or towns to pay the district any debt service expended on the building by the district over the 5 school years prior to the transfer of the building to the town or towns, minus their apportionment of that debt service; or
(2) If the building had been constructed by the district, the district may require the receiving town or towns to pay the district a sum equal to the fair market value of the building, minus the town or town’s apportioned share in the building, to be determined in accordance with the cost-sharing formula in effect at the time of the transfer. [PL 1983, c. 422, §17 (NEW).]
C. Notwithstanding any other provision of law, the receiving town or towns may use the building for municipal purposes. [PL 2001, c. 586, §1 (NEW).]
[PL 2001, c. 586, §1 (AMD).]
4. Sale of school building. The school board of the school administrative unit may sell the school building on the open market if it determines that it will have no future use for the building and they have offered to transfer control or ownership to the municipal officers of the town or towns in which the building is located and the municipal officers have not accepted the transfer of control or ownership to the municipal officers or the inhabitants of the town or towns. If the school board is unable to sell the school building on the open market after a reasonable period of time, not to exceed 2 years, then it may attempt to sell the building through sealed bids.
A. Sealed bids shall be solicited a minimum of 60 days prior to being opened. Appropriate notices shall be published in local news media. [PL 1983, c. 422, §17 (NEW).]
B. The proceeds from the sale of the building shall be disbursed in accordance with section 4104. [PL 1983, c. 422, §17 (NEW).]
C. The school board of a school administrative unit may convey title to any and all school buildings, regardless of whether they are held in the names of the inhabitants of a municipality, a school administrative district, a community school district, a career and technical education region or a union school. [RR 1991, c. 2, §58 (COR); PL 2003, c. 545, §5 (REV).]
[RR 1991, c. 2, §58 (COR); PL 2003, c. 545, §5 (REV).]
5. Demolition of building. If the school committee or board of directors determines that it has no future use for a building, if it determines the property could be better used for other educationally related purposes without the building and if the legislative body of the unit approves, the school committee or board of directors may demolish the building on the site and retain the site. The school board may also demolish the building if it has been condemned by local or state officials for health and safety reasons, regardless of whether the site will be retained or sold.
[PL 1983, c. 422, §17 (NEW).]
SECTION HISTORY
PL 1983, c. 422, §17 (NEW). RR 1991, c. 2, §58 (COR). PL 2001, c. 586, §1 (AMD). PL 2003, c. 545, §5 (REV).