§ 404. Acquisition of real property. Real property may be acquired in any school district and in any city having less than seventy thousand inhabitants, for school purposes and for any other purpose for which such property may be acquired as provided in this chapter, as follows:

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Terms Used In N.Y. Education Law 404

  • Devise: To gift property by will.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Trustee: A person or institution holding and administering property in trust.

1. By gift, grant, devise or purchase.

2. By involuntary acquisition, if an agreement cannot be made with the owner for the purchase thereof. Such proceedings shall be instituted and conducted by the trustee or board of education, in the name of the district under the provisions of the eminent domain procedure law.

3. This section does not permit the acquisition by condemnation of less than the whole of a city or village lot with the erections and improvements thereon.