N.Y. General Municipal Law 704 – Notice of hearing on petition or joint resolution to initiate annexation of territory
§ 704. Notice of hearing on petition or joint resolution to initiate annexation of territory. 1. In the event it is proposed to annex territory, the governing board or boards of the local government or governments to which it is proposed to annex such territory and the governing board or boards of the affected local government or governments in which such territory is situated shall, within twenty days after receipt of a petition or adoption of a joint resolution to initiate annexation, respectively cause a notice to be published once in its or their official newspapers, or, if there be no official newspaper, in a newspaper published in the county and having general circulation within the area of such local government or governments, as the case may be. The governing board of each affected local government in which such territory is situated also shall cause a copy of such notice to be mailed to each person or corporation owning real property in such territory as shown by the last preceding assessment roll and to all persons residing in such territory qualified to vote for officers of the city, town or village, as the case may be, in which such territory is situated as their names appear upon the register of voters for the last preceding general election. Where the territory to be annexed is situated wholly or partly within a village, the governing board of such village and the governing board of a town or towns in which such territory is wholly or partly situated may provide by agreement for joint publication and mailing of such notice. Failure to mail such notice or failure of any addressee to receive the same shall not in any manner affect the validity of the petition or joint resolution to initiate annexation of territory or of any proceedings taken thereon provided that the municipalities that adopted a joint resolution to initiate annexation have demonstrated a good faith attempt to mail such notice to each person or corporation owning real property as required by this section. Such notice shall state that a petition for the annexation of territory or a joint resolution to initiate annexation of territory to the local government or governments (naming it or them and briefly describing the territory proposed to be annexed thereto) has been proposed, that at a specified place in one of such local governments on a specified day not less than twenty days nor more than forty days after the publication and mailing of such notice, which place and date shall be specified therein, a joint hearing will be had upon such petition or joint resolution to initiate annexation by such governing boards. Each of such governing boards shall cause a copy of such notice to be mailed not less than ten days prior to the date of such joint hearing to the school authorities of any school district in which all or part of the territory proposed to be annexed is situated and, where it is proposed to annex territory to a city, to the school authorities of any school district (a) adjoining the territory proposed to be annexed and (b) located wholly or partly within such city. Each of such governing boards shall also cause a copy of such notice to be posted on the website of the local government, if one exists.
Terms Used In N.Y. General Municipal Law 704
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Joint resolution: A legislative measure which requires the approval of both chambers.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
2. In a case where it is proposed to annex territory in a town or towns to another local government or governments, the town board or boards in which such territory is situated shall cause a copy of such notice to be mailed not less than ten days prior to the date of such joint hearing to the board of commissioners or other governing body of each 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.
3. In the event that any affected local government shall fail to publish and mail such notice as required by subdivision one of this section or in the event that the town board of a town shall fail to cause copies thereof to be mailed as required by subdivision two of this section, the governing board or boards of any other affected local government or governments, if it or they deem it to be desirable, may, during an additional twenty days following the forty day period now provided in subdivision one of this section, amend and republish its or their notices and, on behalf of such local government, town board, or both, publish and mail such notices.