California Taxpayers Action Network v. Taber Const
Education Code section 17406 authorizes school districts to use lease-leaseback
agreements in contracting for construction or improvement of school facilities. Under a
lease-leaseback agreement, the school district leases its own real property to a contractor
for a nominal amount, and the contractor agrees to construct school facilities or improve
existing facilities on the property and lease the property and improvements back to the
school district. At the end of the lease-leaseback agreement, title to the construction
project vests in the school district. (Ed. Code, § 17406, subd. (a); Davis v. Fresno
Unified School District (2015) 237 Cal.App.4th 261, 277 (Davis).)
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