N.Y. Not-for-Profit Corporation Law § 1405: Soldiers' monument corporations

§ 1405. Soldiers' monument corporations.

(a) Property; erection of monuments.

A corporation formed for the purpose of erecting and maintaining a

monument or memorial, including a memorial hall or building to

perpetuate the memory of persons who served in the armed forces of the

United Colonies or of the United States in the Revolutionary War, the

Civil War, or in any other war in which the United States has been

engaged may acquire and hold real property necessary for its corporate

purposes, and may erect any such monument, monuments or memorial upon

any public street, square or ground of any town, city or village, with

the consent of the proper officers thereof, or may purchase or accept

the donation of land suitable for that purpose; and may take and hold

the property given, devised or bequeathed to it in trust, to apply the

same or the income or proceeds thereof for the erection, improvement,

embellishment, preservation, repair, renewal, care and maintenance of

such monument, monuments or memorial, or of any structure, fences or

walks upon its lands, or for planting or cultivating trees, shrubs,

flowers and plants, in and around or upon its lands, or for improving or

embellishing the same in any manner consistent with the design and

purposes of the association, according to the terms of such grant,

devise or bequest. It may take by gift or purchase any lots or lands in

any cemetery to be used and occupied exclusively for the burial of

honorably discharged members of the armed forces who served in any of

such wars, and for the erection of suitable monuments or memorials

therein.

(b) Type of corporation.

A soldiers' monument corporation is a charitable corporation.

(c) Town and village aid.

The town clerk of a town or the board of trustees of a village, upon

the petition of twenty-five resident taxpayers, shall submit to a

biennial town meeting or village election, as the case may be, a

proposition to raise by taxation a sum stated therein, not exceeding

five hundred dollars in any one year, to be spent during the fiscal year

for which such tax is to be levied, for the purpose of erecting such a

monument, or contributing to the expense of such a monument, erected by

a corporation specified in this article, or for repairing, improving and

maintaining the same and the grounds thereof; and such tax shall be

levied in the manner prescribed by law for levying general taxes in such

town or village, and when raised shall be applied to the purposes

specified in such proposition.

(d) Exemptions.

The property of a corporation specified in this section or of a

corporation formed under the laws of eighteen hundred and sixty-six,

chapter two hundred and seventy-three, as amended by laws of eighteen

hundred and eighty-eight, chapter two hundred and ninety-nine, shall be

exempt from levy and sale on execution, and from all public taxes, rates

and assessments, and no street, road, avenue or thoroughfare shall be

laid through the lands of such association held for the purposes

aforesaid without the consent of the trustees of such corporation,

except by special permission of the legislature of the state.

(e) Improvement taxes.

A tax may be levied and collected on the taxable property in a town,

village or city in which such monument, monuments or other memorial may

be erected, for the purpose of repairing or improving the same and the

grounds thereof; and such tax shall be levied in the manner prescribed

by law for levying general taxes in such town, village or city.

(f) Transfer of property from unincorporated association.

Any unincorporated association organized solely for one or more of the

purposes set forth in paragraph (a) by a majority vote of all its

members present at a meeting thereof, called as in this section

provided, may transfer to and vest in any incorporated association

created by general or special law having like objects any or all money

or other property which it shall have accumulated for such objects, but

the property so transferred shall be used exclusively for one or more of

the purposes mentioned in such paragraph. A vote upon the question of

transferring the funds or property of such unincorporated association

shall be had only at a meeting of such association called for that

purpose by the president or secretary or other managing officer thereof,

upon notice stating the object of the meeting of at least ten days

before the time fixed for such meeting, served personally or by mail on

each member of the association within the United States whose residence

or post office address is known.