State Codes and Statutes

Statutes > New-york > Gmu > Article-17 > 706

§  706.  Annexation  of uninhabited territory belonging to a city or a  village.   1. Village-owned territory. If a  village  is  the  owner  of  uninhabited  territory  adjoining  the  village,  such  territory may be  annexed to the village if the town board  of  the  town  in  which  such  territory  is  situated,  by  a  concurring  vote  of  a majority of its  members, consents thereto on the basis of its  determination  that  such  annexation  is  in the over-all public interest; provided, however, that  if all or any portion of such uninhabited territory is located in  whole  or  in  part in another village in the town, the governing board of such  other village by a concurring of a majority of its  members  shall  also  consent  thereto  on the basis of its determination that such annexation  is in the over all public interest. Upon the filing of such  consent  or  consents, as the case may be, with, the board of trustees of the village  which  owns  such  uninhabited  territory, the board of trustees of such  village may make a written order determining  to  annex  such  territory  without  the  presentation  of a petition as prescribed in section seven  hundred four of this article and without  the  holding  of  the  hearing  provided in section seven hundred five of this article.    2.  City-owned  territory.  If  a  city  is  the  owner of uninhabited  territory adjoining the city, such territory may be annexed to the  city  if  the town board of the town in which such territory is situated, by a  concurring vote of a majority of its members, consents  thereto  on  the  basis  of  its  determination  that  such  annexation is in the over-all  public interest; provided, however, that if all or any portion  of  such  uninhabited  territory  is  located  in whole or in part in a village in  such town, the governing board of such village, by a concurring vote  of  a  majority  of  its members, shall also consent thereto on the basis of  its determination  that  such  annexation  is  in  the  over-all  public  interest.  The  town  board  shall,  prior  to granting its consent give  thirty days written notice of the meeting of the town board at which the  question of such annexation will be discussed to  any  school  district,  fire district or other district corporation, public benefit corporation,  and   town   improvement  district  operated  by  a  separate  board  of  commissioners, situated wholly or partly in the territory to be  annexed  and  which  would  be  affected by such annexation. Any such district or  corporation may appear  at  such  meeting  or  adjournment  thereof  and  present  objections  to such annexation. Upon the filing of such consent  or consents, as the case may be, with the governing board of  the  city,  the governing board of such city may make a written order determining to  annex   such  territory  without  the  presentation  of  a  petition  as  prescribed in section seven hundred four of this article and without the  holding of the hearing provided in section seven hundred  five  of  this  article.    3. Except as otherwise provided in this section, all the provisions of  this  article, including but not limited to those requiring the adoption  of a local law as provided in section seven  hundred  fourteen  of  this  article,  shall  be  applicable  to  and  govern  the  proceedings to be  followed in effectuating any such annexation.

State Codes and Statutes

Statutes > New-york > Gmu > Article-17 > 706

§  706.  Annexation  of uninhabited territory belonging to a city or a  village.   1. Village-owned territory. If a  village  is  the  owner  of  uninhabited  territory  adjoining  the  village,  such  territory may be  annexed to the village if the town board  of  the  town  in  which  such  territory  is  situated,  by  a  concurring  vote  of  a majority of its  members, consents thereto on the basis of its  determination  that  such  annexation  is  in the over-all public interest; provided, however, that  if all or any portion of such uninhabited territory is located in  whole  or  in  part in another village in the town, the governing board of such  other village by a concurring of a majority of its  members  shall  also  consent  thereto  on the basis of its determination that such annexation  is in the over all public interest. Upon the filing of such  consent  or  consents, as the case may be, with, the board of trustees of the village  which  owns  such  uninhabited  territory, the board of trustees of such  village may make a written order determining  to  annex  such  territory  without  the  presentation  of a petition as prescribed in section seven  hundred four of this article and without  the  holding  of  the  hearing  provided in section seven hundred five of this article.    2.  City-owned  territory.  If  a  city  is  the  owner of uninhabited  territory adjoining the city, such territory may be annexed to the  city  if  the town board of the town in which such territory is situated, by a  concurring vote of a majority of its members, consents  thereto  on  the  basis  of  its  determination  that  such  annexation is in the over-all  public interest; provided, however, that if all or any portion  of  such  uninhabited  territory  is  located  in whole or in part in a village in  such town, the governing board of such village, by a concurring vote  of  a  majority  of  its members, shall also consent thereto on the basis of  its determination  that  such  annexation  is  in  the  over-all  public  interest.  The  town  board  shall,  prior  to granting its consent give  thirty days written notice of the meeting of the town board at which the  question of such annexation will be discussed to  any  school  district,  fire district or other district corporation, public benefit corporation,  and   town   improvement  district  operated  by  a  separate  board  of  commissioners, situated wholly or partly in the territory to be  annexed  and  which  would  be  affected by such annexation. Any such district or  corporation may appear  at  such  meeting  or  adjournment  thereof  and  present  objections  to such annexation. Upon the filing of such consent  or consents, as the case may be, with the governing board of  the  city,  the governing board of such city may make a written order determining to  annex   such  territory  without  the  presentation  of  a  petition  as  prescribed in section seven hundred four of this article and without the  holding of the hearing provided in section seven hundred  five  of  this  article.    3. Except as otherwise provided in this section, all the provisions of  this  article, including but not limited to those requiring the adoption  of a local law as provided in section seven  hundred  fourteen  of  this  article,  shall  be  applicable  to  and  govern  the  proceedings to be  followed in effectuating any such annexation.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Gmu > Article-17 > 706

§  706.  Annexation  of uninhabited territory belonging to a city or a  village.   1. Village-owned territory. If a  village  is  the  owner  of  uninhabited  territory  adjoining  the  village,  such  territory may be  annexed to the village if the town board  of  the  town  in  which  such  territory  is  situated,  by  a  concurring  vote  of  a majority of its  members, consents thereto on the basis of its  determination  that  such  annexation  is  in the over-all public interest; provided, however, that  if all or any portion of such uninhabited territory is located in  whole  or  in  part in another village in the town, the governing board of such  other village by a concurring of a majority of its  members  shall  also  consent  thereto  on the basis of its determination that such annexation  is in the over all public interest. Upon the filing of such  consent  or  consents, as the case may be, with, the board of trustees of the village  which  owns  such  uninhabited  territory, the board of trustees of such  village may make a written order determining  to  annex  such  territory  without  the  presentation  of a petition as prescribed in section seven  hundred four of this article and without  the  holding  of  the  hearing  provided in section seven hundred five of this article.    2.  City-owned  territory.  If  a  city  is  the  owner of uninhabited  territory adjoining the city, such territory may be annexed to the  city  if  the town board of the town in which such territory is situated, by a  concurring vote of a majority of its members, consents  thereto  on  the  basis  of  its  determination  that  such  annexation is in the over-all  public interest; provided, however, that if all or any portion  of  such  uninhabited  territory  is  located  in whole or in part in a village in  such town, the governing board of such village, by a concurring vote  of  a  majority  of  its members, shall also consent thereto on the basis of  its determination  that  such  annexation  is  in  the  over-all  public  interest.  The  town  board  shall,  prior  to granting its consent give  thirty days written notice of the meeting of the town board at which the  question of such annexation will be discussed to  any  school  district,  fire district or other district corporation, public benefit corporation,  and   town   improvement  district  operated  by  a  separate  board  of  commissioners, situated wholly or partly in the territory to be  annexed  and  which  would  be  affected by such annexation. Any such district or  corporation may appear  at  such  meeting  or  adjournment  thereof  and  present  objections  to such annexation. Upon the filing of such consent  or consents, as the case may be, with the governing board of  the  city,  the governing board of such city may make a written order determining to  annex   such  territory  without  the  presentation  of  a  petition  as  prescribed in section seven hundred four of this article and without the  holding of the hearing provided in section seven hundred  five  of  this  article.    3. Except as otherwise provided in this section, all the provisions of  this  article, including but not limited to those requiring the adoption  of a local law as provided in section seven  hundred  fourteen  of  this  article,  shall  be  applicable  to  and  govern  the  proceedings to be  followed in effectuating any such annexation.