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This entry was published on 2014-09-22
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SECTION 706
Annexation of uninhabited territory belonging to a city or a village
General Municipal (GMU) CHAPTER 24, ARTICLE 17
§ 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.