A Treatise On the Law of Public Schools

condemned for the erection of a school-house.3 And for a school-yard. Schools are a public necessity, and the exercise of eminent domain is as justifiable as that of taxation for the same purpose.' School districts, as quasi corporations empowered by law to hold property for school purposes, have the ability to acquire real property, necessary for such purposes, by purchase. They may take by gift, grant, or devise in the corporate name and 1 " Mills on Eminent Domain," Sec. 17 ; Peukham v. Schonl District, 7 R.I., 545 ; Appointment of Viewers, Wyoming Com. Pleas, 4 Leg. Gazette, 410 ; Long v. Fuller, 68 Pa,. 170. 8 Townshp Board v. Hackman, 48 Mo., 243. 3 Williams . School District, 33 Vt., 271. CONDEMNATION OF SITES FOR SCHOOL-HOUSES. 33 capacity. And where the owner is willing that his property may be taken for school purposes upon a fair valuation, ground for the erection of school buildings may be acquired by agreement with such owner, and a contract of that kind be enforced as any other contract for the sale of real property. It is well, however, to bear in mind that, while this is true of the corporation, yet this gives the officers of such school corporation no right or power to make such contract without the direction of the corporation, for this might lead to great abuses. School districts are quasi 'corporations of very limited powers, and act through the medium of officers, or agents whose powers and duties are confined to special ...