Page:1889 North Dakota Session Laws.pdf/191

 three-fifths of the voters of the district to order the removal of a school house.

§ 82. REAL PROPERTY FOR SCHOOL HOUSE SITES, HOw OBTAINED.] The school board of any school district may take in the corporate name thereof, any real property not exceeding two acres in area, chosen as a site for a schooI house, as provided in this act, and may hold and use such tract for school purposes only. Should the owner of such real property refuse or neglect to grant and convey such site, the county auditor of the county in which the real property is situated, shall, upon the written application of the district school board, after serving ten days' notice to the opposite party, appoint three resident free holders of the county as appraisers, who shall be sworn to faithfully perform their duties. Such appraisers shall assess the damages the owner of such tract will sustain by taking the same for school purposes, and said appraisers shall directly file their report with the county auditor, giving an exact description of the tract taken for the site and the amount of damages so assessed. If the owner of said property be a non-resident or absent, or cannot be found, said notice shall be served by publication in some newspaper published in the county not less than once each week for four successive weeks. Such notice shall contain a description of the tract to be taken, the name of the owner thereof, the purpose for which it is to be taken and the date when the appraisers hereinbefore mentioned will be appointed. If said school board deposit in the name of the school district with the county treasurer to the credit of the owner of the tract taken, the amount of money so assessed as damages, they shall then be authorized to permanently use said premises for school purposes; Provided, That no site, excepting in a village, town or city shall be thus taken within forty rods of any residence, the owner of which objects to its being placed nearer, and in no case in any orchard, garden or public park. If the site so selected be not used for the purposes for which it is taken, for two successive years, it shall revert to the original owner or his assigns upon repayment of the sum originally paid by the corporation, together with a reasonable consideration for the improvements. If such owner or assigns neglect or refuse to make such repayment for one year after demand therefor by the board said site shall be the property of said district.

§ 83. SCHOOLS TO BE ORGANIZED ON PETITION.] If a petition signed by the persons charged with the support, and having the custody and care of nine or more children of school age, all of whom reside not less than two miles from the nearest school, be presented to the board asking for the organization of a school for such children, the board shall organize such school and employ a teacher therefor, if a suitable room for such school can be leased or rented at some proper location, not more than two miles distant from the residence of any one of said children, and if such petition be signed by the persons charged with the support and