A Treatise On the Law of Public Schools

Cover of book A Treatise On the Law of Public Schools
Categories: Nonfiction

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER III. COND


EMNATION OP SITES FOR SCHOOL- HOUSES. There is usually a statutory provision for the condemnation of property necessary for school purposes, and where such is not the case the general principles of the law of eminent domain would warrant the condemnation of property for that purpose.1 Ground may be condemned for the erection of a school-house.3 And for a school-yard. Schools are a public necessity, and the exercise of eminent domain is as justifiable as that of taxation for the same purpose.' School districts, as quasi corporations empowered by law to hold property for school purposes, have the ability to acquire real property, necessary for such purposes, by purchase. They may take by gift, grant, or devise in the corporate name and 1 " Mills on Eminent Domain," Sec. 17 ; Peukham v. Schonl District, 7 R.I., 545 ; Appointment of Viewers, Wyoming Com. Pleas, 4 Leg. Gazette, 410 ; Long v. Fuller, 68 Pa,. 170. 8 Townshp Board v. Hackman, 48 Mo., 243. 3 Williams . School District, 33 Vt., 271. CONDEMNATION OF SITES FOR SCHOOL-HOUSES. 33 capacity. And where the owner is willing that his property may be taken for school purposes upon a fair valuation, ground for the erection of school buildings may be acquired by agreement with such owner, and a contract of that kind be enforced as any other contract for the sale of real property. It is well, however, to bear in mind that, while this is true of the corporation, yet this gives the officers of such school corporation no right or power to make such contract without the direction of the corporation, for this might lead to great abuses. School districts are quasi 'corporations of very limited powers, and act through the medium of officers, or agents whose powers and duties are confined to special ...

A Treatise On the Law of Public Schools
+Write review

User Reviews:

Write Review: