2017 Nebraska Revised Statutes
Chapter 79 - SCHOOLS
79-10,111 Class I or II school district; schoolhouse; selection or change of site; vote required.

79-10,111. Class I or II school district; schoolhouse; selection or change of site; vote required.

The legal voters in a Class I or II school district, when lawfully assembled, may adjourn from time to time, as may be necessary, to designate a site for a schoolhouse by a vote of fifty-five percent of those present and to change the designation of a site for a schoolhouse by a similar vote at any annual or special meeting. In any school district in which the schoolhouse is located three-fourths of one mile or more from the center of such district, such schoolhouse site may be changed to a point nearer the center of the district by a majority vote of those present at any such school meeting. In any school district containing more than one hundred fifty children five through twenty years of age and having a school board of five or more members, the schoolhouse site in the district may be changed or the purchasing of a new site may be directed, or both, at any annual or special meeting, by a fifty-five percent vote of those present at any such meeting. A schoolhouse site shall not be changed more than once in any one school year.

Source

• Laws 1881, c. 78, subdivision II, § 8, p. 340;
• Laws 1889, c. 78, § 4, p. 543;
• Laws 1911, c. 117, § 1, p. 412;
• R.S.1913, § 6737;
• C.S.1922, § 6275;
• C.S.1929, § 79-208;
• R.S.1943, § 79-208;
• Laws 1949, c. 256, § 188, p. 753;
• Laws 1990, LB 1090, § 13;
• R.S.1943, (1994), § 79-504;
• Laws 1996, LB 900, § 757;
• Laws 1997, LB 345, § 38;
• Laws 2014, LB946, § 43.

Annotations

• 1. Vote required

• 2. Miscellaneous

• 1. Vote required

• The authority to direct the purchase of a site for a schoolhouse or other school buildings in a class six district is reserved to the voters of the district. Banks v. Board of Education of Chase County, 202 Neb. 717, 277 N.W.2d 76 (1979).

• Under former law even though schoolhouse was changed without requisite two-thirds vote, recovery could be had for materials furnished in constructing schoolhouse at new site. Harms v. School District No. 2 of Gage County, 139 Neb. 714, 298 N.W. 549 (1941).

• Under former law, change of schoolhouse site of rural school district could not be made without requisite two-thirds vote. Cunningham v. Ilg, 118 Neb. 682, 226 N.W. 333 (1929).

• Under former law, selection of building site could be made only by electors at district meeting, by vote of two-thirds of qualified electors present. State ex rel. Britt v. Matson, 97 Neb. 746, 151 N.W. 304 (1915).

• Under former law, majority vote of those present was required to move site nearer center. McLain v. Maricle, 60 Neb. 359, 83 N.W. 829 (1900).

• 2. Miscellaneous

• Those present and not voting are counted in determining required percentage. Richards v. McBride, 160 Neb. 57, 68 N.W.2d 692 (1955).

• Legal voter may enjoin removal to test validity of proceedings. Lindeman v. Corson, 93 Neb. 548, 141 N.W. 153 (1913); McLain v. Maricle, 60 Neb. 353, 83 N.W. 85 (1900).

• Description of new site by section only is sufficient. McMahon v. School Dist. No. 66 of Antelope County, 80 Neb. 156, 113 N.W. 1046 (1907).

• Record of proceedings should be liberally construed. Quisenberry v. School Dist. No. 6 of Hall County, 75 Neb. 47, 105 N.W. 982 (1905).

• Designation of new site does not impliedly authorize its purchase. Ladd v. School Dist. No. 6 of Hall County, 70 Neb. 438, 97 N.W. 594 (1903).

• District with no schoolhouse may select building at special meeting and direct board to lease same, and mandamus will lie to execute command. Krull v. State ex rel. Furgason, 59 Neb. 97, 80 N.W. 272 (1899).

• Authority to change site cannot be delegated to committee, but must be done at annual meeting. School Dist. No. 34 of Custer County v. Stairs, 1 Neb. Unof. 85, 95 N.W. 492 (1901).