§ 53A-2-120. Transfer of school property to new school district.

(1)

(a)

(i) On July 1 of the year following the school board elections for a new district created pursuant to a citizens' initiative petition or school board request under Section 53A-2-118 and an existing district 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.

(ii) Any disagreements as to the disposition of school property shall be resolved by the county legislative body.

(iii) Subsection (1)(a)(ii) does not apply to disagreements between transition teams about the proper allocation of property under Subsection 53A-2-118.1(4).

(b) An existing district shall transfer property to a new district created under Section 53A-2-118.1 in accordance with Section 53A-2-118.1.

(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.

Amended by Chapter 295, 2011 General Session