June 3, 1976
Mr. Ruben G. Maulis
Attorney at Law
Wood School District
P.O. Box 150
Winner, South Dakota 57580
OFFICIAL OPINION NO. 76-57
Authority for school district to make improvements to property leased from municipality
Dear Mr. Maulis:
You have requested an opinion from this office based upon the following factual situation:
The Wood School District desires to make certain improvements to the Wood Community Hall which hall is owned by the Town of Wood and leased to the school district.
Based on the above facts you ask:
Can the Wood School District make such improvements to the property when the same is not owned by it?
School districts have authority to lease or purchase under the provisions of SDCL 13-24-1 and SDCL 13-24-10 which read as follows:
13-24-1. The school board of a school district shall have authority to purchase or lease land for school purposes, subject to the rules for the use of such land as adopted by the state board of education.
13-24-10. Any school board shall have authority to lease equipment, teacherages, buildings or other real estate and personal property for a period of not to exceed thirty years. The proposed aggregate lease payments provided for under a lease agreement shall be subject to the statutory bid requirement.
School districts have authority to exchange property with municipalities, counties and townships under SDCL 13-24-4 which reads as follows:
13-24-4. Any school district and any municipality or organized township or county within or partly within the boundaries of said school district are authorized and empowered to transfer and convey from one to the other or exchange with each other land and properties belonging to them and under their respective jurisdictions upon such terms and conditions as may be determined and agreed upon by the respective governing bodies thereof.
SDCL 6-5-1 was amended by Chapter 64, Session Laws of 1976, and effective July 1, 1976, will read as follows:
6-5-1. All counties, municipalities, sanitary districts, townships and school districts of this state are hereby authorized and empowered to exchange with each other and to transfer and convey from one to the other any land or property belonging to them and under their respective jurisdictions and to perform and exchange work between themselves. All transfers of property and work as authorized hereby shall be upon such terms and conditions as may be determined and agreed upon by the respective governing bodies thereof.
You do not indicate in your factual situation how extensive the improvements are to be or what the terms and length of the lease are; however, since there is substantial authority for school districts and municipalities to cooperate and exchange property with each other on mutually agreed upon terms, it is my opinion that a school district does have authority to make improvements to property leased from a municipality. For community use of buildings, see SDCL 13-24-20, 42-1 and 42-2.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
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