22-30-101. Short title.

Statute text

This article shall be known and may be cited as the "School District Organization Act of 1992".

History

Source: L. 92: Entire article R&RE, p. 496, 1, effective June 1.

Annotations

Editor's note: This section is similar to former 22-30-101 as it existed prior to 1992.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "One Year Review of Contracts", see 36 Dicta 19 (1959).

Annotator's note. Since 22-30-101 is similar to repealed 123-25-1, C.R.S. 1963, and 123-8-1, CRS 53, relevant cases construing those provisions have been included in the annotations to this section.

School district reorganization act of 1949 held constitutional. Hazlet v. Gaunt, 126 Colo. 385, 250 P.2d 188 (1952).

School district organization act of 1957 held constitutional. Sch. Dist. No. 1 v. Sch. Planning Comm., 164 Colo. 541, 437 P.2d 787 (1968).

This legislation establishes procedures for the organization or reorganization of public school districts in the state. Las Animas County High Sch. Dist. v. Raye, 144 Colo. 367, 356 P.2d 237 (1960).

A school district has the capacity and standing to seek and obtain a judicial determination as to the legality of this legislation where its existence may be terminated and its property taken. Sch. Dist. No. 23 v. Sch. Planning Comm., 146 Colo. 241, 361 P.2d 360 (1961).

Reorganization is not a mandatory matter; rather this statute provides an orderly manner for reorganizing old school districts into new school districts where deemed desirable. Sch. Dist. No. 23 v. Sch. Planning Comm., 146 Colo. 241, 361 P.2d 360 (1961).

Compliance with statutory requirements for reorganization is necessary. The manner in which the reorganization of school districts shall be accomplished is provided in the act and a lawful reorganization can only be effected if there be compliance with the requirements thereof. Sch. Dist. No. 23 v. Sch. Planning Comm., 146 Colo. 241, 361 P.2d 360 (1961).

The district court has jurisdiction to issue an injunction. Where a complaint alleges that the requirements of this statute have not been complied with, the district court of the county in which the existing school lies has jurisdiction as a court of equity to enjoin the holding of an election to establish a new school district. Sch. Dist. No. 23 v. Sch. Planning Comm., 146 Colo. 241, 361 P.2d 360 (1961).

Applied in Lujan v. Colo. State Bd. of Educ., 649 P.2d 1005 (Colo. 1982).