Article 71.--TRANSFER OF SCHOOL DISTRICT TERRITORY
72-7106.Litigation of claims; judgments.In the event of a failure or inability of the boards to make anagreement as provided in K.S.A. 72-7105, or if thestate board shall disapprove any such agreement, the board of eitherdistrict or the boards of both districts, either jointly or separately,may file a petition at any time after one year from the effective dateof transfer of territory, but in no event sooner than March 1, 1968, inthe district court of the county in which the transferred territory, orany part of it, is located, praying for the adjustment of propertyrights and claims between the school districts.
The court shall appoint and instruct three (3) competentcommissioners who shall: (1) Appraise and determine the fair value, asof the effective date of the transfer of all real and tangible personalproperty, of the giving district taking into account cost ofreproduction less depreciation, original cost less depreciation,obsolescence, market value, and any other factors affecting fair value;
(2) determine the amount of all debts, including unpaid bondedindebtedness, of the giving district as of the effective date of thistransfer;
(3) determine the net value of all assets of the giving district bydeducting the total of all items under (2) from the total of all itemsunder (1) above;
(4) determine what school property, buildings and furnishings, ifany, are located in the territory being transferred;
(5) determine the amount due from one district to the other on thebasis of the ratio of the assessed valuations on the January 1 precedingthe effective date of the transfer of the tangible taxable property inthe territory transferred and in the territory of the giving districtwhich is not transferred, taking into account property retained by thegiving district and that acquired by the receiving district is thebonded indebtedness assumed by either district.
The commissioners shall file a written report of their determinationof each of the above items in the office of the clerk of the districtcourt. The court shall examine the report and approve it, or afternotice to all interested parties, and hearing, may correct or amend thereport and approve it as amended, or the court may reject the report andappoint new commissioners to make a new report. Upon the approval by thecourt of the report of the commissioners or the report of thecommissioners as corrected by the court, the court shall enter judgmentfor the amount found to be due from one board to the other and eitherparty may have the right to appeal from the judgment of the said courtto the supreme court in the same manner as in other cases provided bythe code of civil procedure. The court in its discretion may makereasonable allowances to the commissioners for the services and tax themto either board or may divide such charges between them. Such chargesshall be paid out of the general fund of the district to which they aretaxed. Such judgment shall be enforced in the manner provided in thefollowing section.
Article 71.--TRANSFER OF SCHOOL DISTRICT TERRITORY
72-7106.Litigation of claims; judgments.In the event of a failure or inability of the boards to make anagreement as provided in K.S.A. 72-7105, or if thestate board shall disapprove any such agreement, the board of eitherdistrict or the boards of both districts, either jointly or separately,may file a petition at any time after one year from the effective dateof transfer of territory, but in no event sooner than March 1, 1968, inthe district court of the county in which the transferred territory, orany part of it, is located, praying for the adjustment of propertyrights and claims between the school districts.
The court shall appoint and instruct three (3) competentcommissioners who shall: (1) Appraise and determine the fair value, asof the effective date of the transfer of all real and tangible personalproperty, of the giving district taking into account cost ofreproduction less depreciation, original cost less depreciation,obsolescence, market value, and any other factors affecting fair value;
(2) determine the amount of all debts, including unpaid bondedindebtedness, of the giving district as of the effective date of thistransfer;
(3) determine the net value of all assets of the giving district bydeducting the total of all items under (2) from the total of all itemsunder (1) above;
(4) determine what school property, buildings and furnishings, ifany, are located in the territory being transferred;
(5) determine the amount due from one district to the other on thebasis of the ratio of the assessed valuations on the January 1 precedingthe effective date of the transfer of the tangible taxable property inthe territory transferred and in the territory of the giving districtwhich is not transferred, taking into account property retained by thegiving district and that acquired by the receiving district is thebonded indebtedness assumed by either district.
The commissioners shall file a written report of their determinationof each of the above items in the office of the clerk of the districtcourt. The court shall examine the report and approve it, or afternotice to all interested parties, and hearing, may correct or amend thereport and approve it as amended, or the court may reject the report andappoint new commissioners to make a new report. Upon the approval by thecourt of the report of the commissioners or the report of thecommissioners as corrected by the court, the court shall enter judgmentfor the amount found to be due from one board to the other and eitherparty may have the right to appeal from the judgment of the said courtto the supreme court in the same manner as in other cases provided bythe code of civil procedure. The court in its discretion may makereasonable allowances to the commissioners for the services and tax themto either board or may divide such charges between them. Such chargesshall be paid out of the general fund of the district to which they aretaxed. Such judgment shall be enforced in the manner provided in thefollowing section.
Article 71.--TRANSFER OF SCHOOL DISTRICT TERRITORY
72-7106.Litigation of claims; judgments.In the event of a failure or inability of the boards to make anagreement as provided in K.S.A. 72-7105, or if thestate board shall disapprove any such agreement, the board of eitherdistrict or the boards of both districts, either jointly or separately,may file a petition at any time after one year from the effective dateof transfer of territory, but in no event sooner than March 1, 1968, inthe district court of the county in which the transferred territory, orany part of it, is located, praying for the adjustment of propertyrights and claims between the school districts.
The court shall appoint and instruct three (3) competentcommissioners who shall: (1) Appraise and determine the fair value, asof the effective date of the transfer of all real and tangible personalproperty, of the giving district taking into account cost ofreproduction less depreciation, original cost less depreciation,obsolescence, market value, and any other factors affecting fair value;
(2) determine the amount of all debts, including unpaid bondedindebtedness, of the giving district as of the effective date of thistransfer;
(3) determine the net value of all assets of the giving district bydeducting the total of all items under (2) from the total of all itemsunder (1) above;
(4) determine what school property, buildings and furnishings, ifany, are located in the territory being transferred;
(5) determine the amount due from one district to the other on thebasis of the ratio of the assessed valuations on the January 1 precedingthe effective date of the transfer of the tangible taxable property inthe territory transferred and in the territory of the giving districtwhich is not transferred, taking into account property retained by thegiving district and that acquired by the receiving district is thebonded indebtedness assumed by either district.
The commissioners shall file a written report of their determinationof each of the above items in the office of the clerk of the districtcourt. The court shall examine the report and approve it, or afternotice to all interested parties, and hearing, may correct or amend thereport and approve it as amended, or the court may reject the report andappoint new commissioners to make a new report. Upon the approval by thecourt of the report of the commissioners or the report of thecommissioners as corrected by the court, the court shall enter judgmentfor the amount found to be due from one board to the other and eitherparty may have the right to appeal from the judgment of the said courtto the supreme court in the same manner as in other cases provided bythe code of civil procedure. The court in its discretion may makereasonable allowances to the commissioners for the services and tax themto either board or may divide such charges between them. Such chargesshall be paid out of the general fund of the district to which they aretaxed. Such judgment shall be enforced in the manner provided in thefollowing section.
