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This entry was published on 2014-09-22
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SECTION 202-E
Acquisition and improvement of additional property in park districts
Town (TWN) CHAPTER 62, ARTICLE 12
§ 202-e. Acquisition and improvement of additional property in park
districts. 1. Petition. After the establishment of a park district and
the acquisition for park purposes of the property described in the
petition for the establishment of the district, the town board upon a
petition therefor may acquire additional property for the purposes of
such park district, in the manner herein provided. Such petition shall
be signed, and acknowledged or proved, or authenticated, in the manner
specified in section one hundred ninety-one for petitions for the
establishment of a park district and shall be subject to the
requirements of such section as to sufficiency of signers. The petition
shall also describe the additional property proposed to be acquired for
park purposes and shall state the maximum amount proposed to be expended
for the acquisition and improvement thereof.

2. Hearing. Whenever such a petition containing the required
signatures shall have been presented to the town board, the board shall
adopt an order providing for a meeting to consider such petition and to
hear all interested persons and shall cause notice of such hearing to be
given in the manner provided in section one hundred and ninety-three.
After such hearing and upon the evidence given thereat, the town board
shall make the determinations specified in subdivision one of section
one hundred and ninety-four.

3. Permission of comptroller. If such board shall determine in the
affirmative all the questions set forth in such subdivision and shall
approve said petition, an application shall be filed in the office of
the state department of audit and control for permission to acquire and
improve the additional property described in said petition. Such
application shall be executed and filed in the form and manner specified
in section one hundred and ninety-four for the execution and filing of
an application for permission to create or extend an improvement
district and the state comptroller shall make and file an order, in the
manner and subject to the restrictions specified in subdivisions three
and four of said section, granting or denying such permission. The town
clerk shall present the order of the comptroller to the town board at
the next meeting thereof.

4. Powers of town board. If the state comptroller shall deny
permission for the acquisition and improvement of such property, the
town board shall forthwith adopt an order denying the petition. If the
state comptroller shall grant permission therefor, the town board may
acquire by purchase or condemnation the property described in the
petition; provided, however, that no property situated within an
incorporated village or city shall be acquired unless the permission and
consent of the legislative body thereof, is first obtained.

After such additional property has been acquired, the town board shall
have such powers and shall be subject to such duties in relation thereto
as shall be prescribed in subdivision four of section one hundred and
ninety-eight in relation to property acquired for park purposes pursuant
to the petition for the establishment of such district.