72-6776. Equitable payments between unified school districts.
72-6776
72-6776. Equitable payments between unified school districts.(a) Where a unified district acquires a school building of a divideddisorganized district and the bonded indebtedness for such building is onlypartly paid, the unified district acquiring such building may either pay toor receive from each other district or districts in which any part of theterritory of the disorganized district is located an equitable payment.Such equitable payment, if any, shall be determined as follows: (1) Theboards of the interested districts shall negotiate and agree upon suchpayments, if possible; (2) if such agreement cannot be reached, the boardof any interested district may file an action at any time after January 1,1967, and before January 1, 1968, in the district court of the county inwhich such school building is located, to determine such equitablepayments; (3) the district court in which such an action is filed shalldetermine venue of the action, and if venue is found to be in such court,shall appoint a commissioner and may appoint appraisers to determine anyfacts or valuations that the court deems material; (4) the commissioner,and appraisers if any, shall report their findings to the court togetherwith any recommendations requested by the court; (5) the court may hearevidence and shall hear arguments of interested districts; (6) thereafterthe court shall issue its order determining such equitable payments, ifany, allowing reasonable fees to the commissioner and appraisers, if any,and assessing the costs of action, including such fees, to the litigants orany one or more of them.
(b) Any unified district making payments under this section isauthorized to levy taxes over a period of three (3) years to obtain fundsto make such payments, and such levy shall be in addition to all other taxlevies authorized or limited by law and shall not be subject to or withinany aggregate tax levy limit.
(c) Such equitable considerations as are deemed, by such negotiatingboards or such court, to be appropriate may be considered.
History: L. 1965, ch. 420, § 17; Feb. 23.