N.Y. General Municipal Law § 706: Annexation of uninhabited territory belonging to a city or a village

§ 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.