Evening journal., 1921-11-28
CANLIQUIDA1E
School BONDS
Apply Taxes for That Pur-
pose, Attorney-General's
Opinion
ABANDONED SCHOOLS
CAN BE SOLD, TOO

CAN BE SOLD, 100
Opinions as to the liquidation OF
bonds Issued by various school dis
tricts in New Castle county prior to
tho passage OF the school code In
1919 and as to the sale OF abandoned
school properties have been for
warded by Attorney-Generai Town
send to II. V. Holloway. superintend-
ent in the State department OF pub
lie education.
Mr.. Townsend gives his opinion
that the balance out OF school taxes
due July /. 1871, may be used to
liquldate the bonds. which are long
past due The opinion follows:
Hon. H v. Holloway. superintend-
ent,
state Department Of Public In
struction.
Dover. Del
Dear sir;-I have your letter
dated November 5th, 1921, reading
as follows:
"a number OF bonds issued by va
rious school districts In New Castle
county, prior 90 the passage OF the
school code In 1919, have long since
become due. The school taxes due
prior to July 1, 1921. will go a long
way toward nquidating these bonds.
~'When the debts for current ex-
penses incurred by the New Castle
County Board Of Education shall
have been paid out Of these taxes. II
there Is a balance on hand, may the
said balance be used in iquidatins
said bonds2
by way OF reply win say that I
am of the opinion that the possible
balance referred 90 in your letter
may be used in liquidating these
bonds in accordance with the gem
eral principles set forth in an opin-
ion which 1 sent you under date OF
October IL, 1921. ia response q
your inquiries OF September fs
1921"
The opinion as to the said. OF schoo
properties abandoned as result o.
the erection OF new buildings g1ver
TO Superintendent Holloway is a.
follows:
It have your letter OF Novembei
IS. reading as follows:
lowing 20 the erection Of a mum
Der OF new schools IN the state. an'
the consequent abandonment OF oil
properties. there are a number o
. such properties that should be dis
posed o.
may the state Board OF Educa
tlon sell such abandoned propertle
4 and give legal title for the same
4 THESE properties consist OF schoc
buildings and the grounds occupies
: thereby
: by way Of reply I will say.
Il Under the provisions u Chap
: ter $50, volume az, Delaware Law
tho legal title to School Distri,
3 schools Is now In the State Board {
Z Education and the legal title /
II Special School District schools
= now in the respective Special Soho
q District
= "2. Such titles may be either
:, fee simple or only 10 an easement 4
x right Of use az is hereinafter MOI
: fully explained
. "s. The State Board Of Educs
4 ton Is given power to convey prof
erty under the provisions OF the lal
IS para graph Of section 32 OF the aboy
8 Act but this express power seems
2 be limited to conveyances to Speci,
Z School Districts.
= = -. In the United States Il is ger
y orally held that an agency such a
= the State Board Of Education has n
. implied power to sell property whic
= Is devoted to a public use. Il ma
% frequently been that where propert
l7 has ceased to be used by the publi'
,s Il may be sold by such an agency
IS virtue OF its implied powers. Tn
!. latter doctrine has been ouestione
y to such an extent In some Of N
'5 states that / DO not believe II woul
10 be upheld IN this state. In add
Ia ton, 1 seriously doubt whether an
"a lawyer In this State would pass tit
% for a school property for his pui
4, chasing client under our existir
20 20 law.
IS. The situation would be furti
= er complicated by reason OF u
% possible fact that some Of the liant
on In question may have been devised
l6 conveyed solely for school purpose
90 or may have been condemned by vi
!, tue Of the power Of eminent domai
81 II such properties were conveyed
= devised solely for school purpos
~ they revert TO the grantor OF h
8 heirs II used otherwise than for n
~ purposes for which they were gran
"a "a or devised II acquired und
81 the power Of eminent domain Il
S2 same principle would apply unle
- the condemnation statute express
20 20 provided for the taking Of an abs
7s lutte fee simple title.
"6 where such school prope
10 ties stand abandoned for school pu
poses there rs no reason why Z
school houses and other strhctur
may not be sold and removed"