N.Y. General Municipal Law § 715: Effect on certain school districts in which territory is situated

§ 715. Effect on certain school districts in which territory is

situated. 1. In the case of an annexation to a city having one hundred

twenty-five thousand or more inhabitants according to the latest federal

census, or to any other city having a city school district which is

coterminous with such city, the commissioner of education shall, by

order, annex to the city school district of any such city the territory

so annexed to the city. Such annexation to a city school district shall

be effective on an appropriate date which shall be fixed by the

commissioner, and he shall in such order, alter the boundaries of such

city school district to make the same conform with the plan of the

annexation to such city, provided the territory proposed to be annexed

to the city is actually annexed thereto.

2. In the case of an annexation to a city other than those described

in subdivision one of this section, the school authorities of a school

district in which territory proposed to be annexed is situated and which

district is not wholly or partly situated in the city, but where the

proposed annexation would have the effect of bringing such school

district wholly or partly into such city, may petition the commissioner

of education requesting an alteration of boundaries, between such school

district and the city school district or another school district wholly

or partly within such city, by which alteration the area in question

would be transferred from the school district under the jurisdiction of

such school authorities to such city school district or other school

district wholly or partly within the city. With the consent of such city

school district or other school district wholly or partly within the

city, the commissioner of education, shall, by order, annex such

territory to such city school district or other district effective on an

appropriate date which shall be fixed by him, provided the territory

proposed to be annexed to the city is actually annexed thereto.

3. If an annexation of territory by a city having one hundred

twenty-five thousand or more inhabitants according to the latest federal

census, or by any other city having a city school district which is

coterminous with such city, includes the entire area of a school

district, the city school district as of the effective date of

annexation to such city school district, pursuant to the order of the

commissioner of education, shall become the owner of all of the property

and property rights of such school district included in such territory

and shall assume all of the indebtedness and contract all other

liabilities of such school district.

4. If an annexation of territory by a city having one hundred

twenty-five thousand or more inhabitants according to the latest federal

census, or any other city having a city school district which is

coterminous with such city, includes only a part of the area of a school

district, the indebtedness and any contract or other liabilities and

interest thereon shall be a charge upon and shall be paid by the city in

the case of an annexation of territory by a city having one hundred

twenty-five thousand inhabitants, and by the city school district in

other cases, as the same shall become due and payable, to such school

district partially included in such territory, in the same proportion to

the whole of any such indebtedness or any such liability as the full

valuation of the taxable real property of the territory which is annexed

bears to the full valuation of the taxable real property of the school

district in which such territory was situated prior to the annexation.

Such computation shall be made as of the day prior to the date of such

annexation. Full valuation of taxable real property shall mean the

valuation derived by dividing the assessed valuation of the real

property concerned, as shown by the last completed assessment roll of,

or utilized by, the school district in which it is situated prior to

such annexation by the equalization rate established by the authorized

state officer or agency for such roll. If such school district wholly or

partially included in the territory which is annexed owns any real

property or rights in real property in such territory, any such city or

city school district, as the case may be, may purchase any such

property, including any personal property used in connection therewith,

from such school district for a fair and reasonable price to be agreed

upon by the respective school boards and the school authorities shall

have power to execute any necessary instrument in relation thereto. If

such real property is a school building owned by the school district,

the city or the city school district, as the case may be, shall be

required to purchase such real property and any rights in real property

appurtenant thereto from the school district. If the authorities of the

respective school districts cannot agree on a fair and reasonable price

therefor, the city or city school district, as the case may be, shall

proceed to acquire such real property and any such rights by

condemnation in the same manner as if the property was owned by an

individual.