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A04157 Summary:

BILL NOA04157
 
SAME ASNo Same As
 
SPONSORSchmitt
 
COSPNSR
 
MLTSPNSR
 
Amd §§2-200, 2-202, 2-206 & 2-216, Vil L
 
Expands the minimum population of a territory required to incorporate it as a village from 500 to 2,000 and expands the number of persons in a territory that can vote on such incorporation.
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A04157 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4157
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2021
                                       ___________
 
        Introduced  by M. of A. SCHMITT -- read once and referred to the Commit-
          tee on Local Governments
 
        AN ACT to amend the village law, in relation to village incorporation
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The opening paragraph of subdivision 1 of section 2-200 of
     2  the village law is amended to read as follows:
     3    A territory containing a population of at  least  [five  hundred]  two
     4  thousand  persons  who  are  regular inhabitants thereof, as hereinafter
     5  defined, may be incorporated as a village under  this  chapter  provided
     6  such  territory does not include a part of a city or village and further
     7  provided the limits of such territory:
     8    § 2. Paragraph a of subdivision 1 of section 2-202 of the village  law
     9  is amended to read as follows:
    10    a.  Petitioners.  [Either  one  or both of the following two groups of
    11  persons may petition for such incorporation:
    12    (1)] At least [twenty] fifty-one per cent of  the  residents  of  such
    13  territory  qualified to vote for town officers in a town in which all or
    14  part of such territory is located.
    15    [(2) The owners of more than fifty percent in  assessed  valuation  of
    16  the  real  property  in  such territory assessed upon the last completed
    17  assessment roll of the town in which such territory is located. However,
    18  if such territory is located in more than one town it shall be  required
    19  in  computing  such  percentage  to equalize the assessed valuations for
    20  each town; furthermore, in such case, the petition must be signed by the
    21  owners of more than fifty percent in full valuation of the real property
    22  in each part of each town in such territory and computed separately  for
    23  each such part, and assessed upon the last completed assessment rolls of
    24  the towns in which any part of such territory is located. Full valuation
    25  shall  be  determined  by  applying the appropriate equalization rate to
    26  such assessed valuations. If real property in such territory is owned by

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06886-01-1

        A. 4157                             2

     1  tenants in common, joint tenants or tenants by the entirety,  each  such
     2  tenant,  as  a  signer of such petition shall, for the purpose of ascer-
     3  taining the percentage of the assessed valuation upon which the petition
     4  is based, be considered as the owner of an interest in such real proper-
     5  ty equal to the result reached by dividing the assessed valuation by the
     6  number  of owners thereof and shall be credited to that extent with part
     7  of the total assessed valuation thereof. In the event such real property
     8  is part of a parcel of land partially situated  within  such  territory,
     9  the  town  assessor or assessors shall, for the purposes of this section
    10  make an apportionment of the assessed value of such part as is  in  such
    11  territory. In such a case, only the apportioned value attributed to such
    12  part shall be considered.]
    13    § 3. Subdivision 1 of section 2-206 of the village law, paragraph b as
    14  amended by chapter 167 of the laws of 1985 and paragraph e as amended by
    15  chapter 561 of the laws of 1975, is amended to read as follows:
    16    1.  The  supervisor,  or supervisors if a joint hearing, with whom the
    17  petition or copies thereof, were filed, shall meet at the time and place
    18  specified in  such  notice  and  shall  hear  objections  which  may  be
    19  presented  as to the legal sufficiency of the petition for incorporation
    20  based upon any of the following grounds:
    21    a. That a person signing such petition was not qualified therefor;
    22    b. If it is alleged that the petition is submitted on the  basis  that
    23  the persons signing such petition constitute [twenty] fifty-one per cent
    24  of  the  residents in such territory qualified to vote for officers of a
    25  town in which all or part of such territory is located, that such  alle-
    26  gation is false;
    27    c.  [If it is alleged that the petition is submitted on the basis that
    28  the persons signing such petition are the  owners  of  more  than  fifty
    29  percent  in assessed valuation of the real property in such territory or
    30  in full valuation of the real property in each part of each town in such
    31  territory and computed separately for each such part, as  the  case  may
    32  be,  assessed  upon  the  last completed assessment roll or rolls of the
    33  town or towns in which all or part of such territory  is  located,  that
    34  such allegation is false;
    35    d.] That such territory is part of a city or village;
    36    [e.]  d.  That  if  such  territory  is  less  than an entire town, it
    37  contains more than five square miles and the limits  of  such  territory
    38  are not coterminous with the entire boundaries of one school, fire, fire
    39  protection,  fire  alarm,  town special or town improvement district and
    40  the limits of such territory are not coterminous with parts of the boun-
    41  daries of more than one school, fire, fire protection, fire alarm,  town
    42  special  or town improvement district, all of which are wholly contained
    43  within such limits and within one town;
    44    [f.] e. That such territory does not contain a population of at  least
    45  [five hundred] two thousand regular inhabitants;
    46    [g.]  f.  That  the  petition  in any other specified respect does not
    47  conform to the requirements of this article.
    48    § 4. Section 2-216 of the village law is amended to read as follows:
    49    § 2-216 Qualification of voters.  [Each  resident  in  such  territory
    50  qualified to vote for town officers may vote at such election] Residents
    51  of any town or towns in which the territory seeking approval to incorpo-
    52  rate  as  a  village  is  located, and who is qualified to vote for town
    53  officers, shall be eligible to vote at such election.
    54    § 5. This act shall take effect on the one hundred twentieth day after
    55  it shall have become a law.
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