Abrogation in the context of education refers to a process where the Secretary of Education can release an entity from certain obligations associated with the transfer of surplus federal real property. This release occurs before the original terms of the property transfer expire, allowing for more flexibility in how the property can be used.
This term is primarily used in the realm of federal property law, particularly concerning the disposal and utilization of surplus federal real estate for educational purposes. Abrogation allows educational institutions or organizations to adapt their use of the property without being bound by the original covenants or restrictions. Users may encounter forms related to property transfer or abrogation procedures, which can often be managed with the assistance of templates available through platforms like US Legal Forms.
Here are a couple of examples of abatement:
Example 1: A university receives a surplus federal building with restrictions on its use. After several years, the university finds that the restrictions hinder its ability to serve students effectively. The Secretary of Education may approve an abrogation, allowing the university to repurpose the building for different educational programs.
Example 2: A community college is granted a federal property for educational use but faces operational challenges due to the original covenants. The college applies for abrogation, seeking to modify the terms for better alignment with its current needs. (hypothetical example)
The primary legal reference for abrogation in education is found in 34 CFR 12.2, which outlines the procedures and authority of the Secretary of Education regarding surplus federal real property. Additional federal regulations may also apply, depending on specific circumstances.
| Term | Definition | Key Differences |
|---|---|---|
| Abrogation | Release from obligations related to property transfer. | Specifically pertains to surplus federal real property. |
| Modification | Change in the terms of a contract or agreement. | Does not necessarily involve release from obligations. |
| Termination | Ending a contract or agreement. | Involves complete cessation of obligations, unlike abrogation which may allow for continued use under new terms. |
If you are involved with surplus federal property and believe abrogation may apply, consider the following steps:
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| Attribute | Details |
|---|---|
| Typical Fees | Varies based on legal representation and filing requirements. |
| Jurisdiction | Federal level, under the Department of Education. |
| Possible Penalties | Failure to comply with terms may result in legal action or loss of property. |
Abrogation refers to the process of releasing an entity from obligations associated with the transfer of surplus federal real property.