The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5405 December 14, 1978 SCHOOLS AND SCHOOL DISTRICTS: Authority of a board of education of a school district of the fourth class to grant an easement over school property EASEMENTS: Authority of a board of education of a school district of the fourth class to grant an easement over school property A school district of the fourth class may grant an easement over school property without obtaining approval of the school electors. Honorable Dan E. Stevens State Representative The Capitol Lansing, Michigan Honorable Ralph Ostling State Representative The Capitol Lansing, Michigan You have requested my opinion on a question which may be stated as follows: Does the board of education of a school district of the fourth class have the authority to grant an easement over school property without obtaining approval of the electors? The School Code of 1976, 1976 PA 451, MCLA 380.1 et seq; MSA 15.4001 et seq, provides the statutory framework for the administration and operation of local and intermediate school districts. Boards of education may do only those things which are provided by statute either expressly or by reasonably necessary implication. Senghas v L'Anse Creuse Public Schools, 368 Mich 557; 118 NW2d 275 (1962). The School Code of 1976, Sec. 143, MCLA 380.143; MSA 15.4143 defines the property powers of boards of education of fourth class districts as follows: '(1) The board may: '(a) Locate, acquire, purchase, or lease in the name of the school district a site or sites within or without the district for schools, libraries, administration buildings, agricultural farms, athletic fields, and playgrounds. '(b) Purchase, lease, acquire, build or equip buildings for a school, library, or administration buildings, or for use in connection with agricultural farms, athletic fields, or playgrounds. '(c) Pay for facilities acquired under subdivisions (a) and (b) from funds of the school district provided for that purpose. '(d) Sell, exchange, or lease real or personal property of the school district which is no longer required for school purposes and give proper deeds or other instruments passing title to the property. Proceeds from the sale of real property shall be credited to accounts of the school district as provided in section 1262. '(e) Dedicate or sell and convey land for highway purposes to the state or an agency or instrumentality of the state, including municipalities and boards of county road commissioners, when the action does not divide the school property into 2 or more separate parcels. '(2) Real property owned by a school district which is leased to a private individual, association, or corporation shall not be exempt from property taxation during the term of the lease.' MCLA 380.143; MSA 15.4143 This office held in 2 OAG, 1955-1956, No 2502, p 184 (April 2, 1956) that by authorizing boards of education to sell, exchange, or lease property, the legislature by implication has empowered the boards to grant a lesser interest in land, including an easement. That opinion held that Sec. 77 of the School Code of 1955, 1955 PA 269, (a1) required a board of education of a fourth class district to secure voter approval prior to the sale, lease or exchange of any school property, relying on specific statutory language. However, the requirement of voter approval was deleted by 1959 PA 115, which amended Sec. 77, supra. The enactment of the School Code of 1976, Sec. 143, supra, did not reinstitute the requirement of approval of the electors. Therefore, it is my opinion that a school district of the fourth class is authorized by the School Code of 1976, Sec. 143, supra, to grant an easement over school property without obtaining approval of the school electors. Frank J. Kelley Attorney General (a1)