Proceeding in Superior Court

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§ 3822. Proceeding in Superior Court

(a) An incorporated academy, institute, seminary, or other educational institution, and a school district, upon completion of the votes required by section 3821 of this title and before transfer of any property, shall apply to the Superior Court of the county in which the property is located setting forth the votes and any other material facts.

(b) The Court shall issue an order stating the substance of the bill and fixing the time and place of hearing. The plaintiff shall cause the order to be published in a newspaper named in the order, three weeks successively, the last publication to be at least 10 days prior to the date fixed for the hearing. The plaintiff shall give further notice as required by the order.

(c) Upon hearing, the Court shall determine what portion, if any, of the real and personal property to be transferred is held in trust, may order the transfer of that property subject to the terms of the trust, may make any other orders and decrees for the protection and disposition of the same it deems proper, and shall order the remainder of the real and personal property to be transferred in accordance with the votes authorizing the transfer for use for school purposes. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2013, No. 92 (Adj. Sess.), § 228, eff. Feb. 14, 2014.)


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