Tennessee Code Annotated

Tenn. Code Ann. § 49-6-2006 (2026)

Powers of school board to buy, sell, acquire by gift or transfer

✓ current as of May 2026

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(a) The board of education is authorized to receive donations of money, property or securities from any source for the benefit of the public schools, which funds it shall, in good faith, disburse in accordance with the conditions of the gifts.

(b)
- (1) The board has the power to purchase land subject to the laws of this state, to erect buildings for public school purposes and to equip them on such terms as it deems advisable and advantageous, subject to the laws of this state, and to pay for the property out of funds appropriated or donated for the public schools.
- (2) The board shall be vested with the title to property so purchased or acquired.
- (3) The board has the power to dispose of any property the title to which is vested in the board.

(c)
- (1) The board of education may dispose of any property to which it has title and upon which it has constructed a building under its career and technical education program, such sale to be a public sale or a negotiated sale, notwithstanding any public or private act of the general assembly. The public sale may be a sale by internet auction, which may be through a website maintained by the LEA or the local government. If, in the opinion of a majority of the board members, a negotiated sale will realize the best price obtainable for any property, the board shall advertise in a newspaper of general circulation in the county that the property is for sale and a negotiated sale shall not be completed until thirty (30) days after the publication of the legal notice. The board shall by a majority vote of the members at a regular meeting approve and record the price and name of the purchaser of any property so sold.
- (2) For a sale by internet auction, the board shall advertise the sale in a newspaper of general circulation, and include in the advertisement the internet website address and other necessary information concerning the sale, and may advertise the sale and information on a website maintained by the LEA or the local government.

(d) The board of education may also transfer surplus real or personal school property to the county or to any municipality within the county for public use, without the requirement of competitive bidding or sale.

Amended by 2015 Tenn. Acts, ch. 55,s 6, eff. 4/6/2015.

Acts 1955, ch. 276, § 1; 1970, ch. 419, § 1; 1974, ch. 654, §§ 42-44; T.C.A., § 49-816; Acts 2000, ch. 703, § 1; 2004, ch. 504, §§ 1, 2.

Notes of Decisions

Cited in 2 cases, 1992–2015 · leading case: State ex rel. Thompson v. Walker, 845 S.W.2d 752 (Tenn. Ct. App. 1992).

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State ex rel. Thompson v. Walker, 845 S.W.2d 752 (Tenn. Ct. App. 1992). “A local board of education may also dispose of surplus property as provided in §§ 49-6-2006 and 49-6-2007, it being the legislative intent that a local board at its discretion may dispose of surplus property to private owners as well as civic or community groups as provided by…”

Rutherford Wrestling Club, Inc. v. Robert Arnold (Tenn. Ct. App. 2015). · cites it 2× “” Rutherford County Board of Education Policy 7-7, Gifts and Bequest (January 15, 2009); see also Tenn. Code Ann. § 49-6-2006 (2013) (authorizing the Board of Education to receive donations of money or property for any source and vesting title of such property with the Board).”

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