N.Y. Town Law § 202-e: Acquisition and improvement of additional property in park districts

§ 202-e. Acquisition and improvement of additional property in park

districts. 1. Petition. After the establishment of a park district and

the acquisition for park purposes of the property described in the

petition for the establishment of the district, the town board upon a

petition therefor may acquire additional property for the purposes of

such park district, in the manner herein provided. Such petition shall

be signed, and acknowledged or proved, or authenticated, in the manner

specified in section one hundred ninety-one for petitions for the

establishment of a park district and shall be subject to the

requirements of such section as to sufficiency of signers. The petition

shall also describe the additional property proposed to be acquired for

park purposes and shall state the maximum amount proposed to be expended

for the acquisition and improvement thereof.

2. Hearing. Whenever such a petition containing the required

signatures shall have been presented to the town board, the board shall

adopt an order providing for a meeting to consider such petition and to

hear all interested persons and shall cause notice of such hearing to be

given in the manner provided in section one hundred and ninety-three.

After such hearing and upon the evidence given thereat, the town board

shall make the determinations specified in subdivision one of section

one hundred and ninety-four.

3. Permission of comptroller. If such board shall determine in the

affirmative all the questions set forth in such subdivision and shall

approve said petition, an application shall be filed in the office of

the state department of audit and control for permission to acquire and

improve the additional property described in said petition. Such

application shall be executed and filed in the form and manner specified

in section one hundred and ninety-four for the execution and filing of

an application for permission to create or extend an improvement

district and the state comptroller shall make and file an order, in the

manner and subject to the restrictions specified in subdivisions three

and four of said section, granting or denying such permission. The town

clerk shall present the order of the comptroller to the town board at

the next meeting thereof.

4. Powers of town board. If the state comptroller shall deny

permission for the acquisition and improvement of such property, the

town board shall forthwith adopt an order denying the petition. If the

state comptroller shall grant permission therefor, the town board may

acquire by purchase or condemnation the property described in the

petition; provided, however, that no property situated within an

incorporated village or city shall be acquired unless the permission and

consent of the legislative body thereof, is first obtained.

After such additional property has been acquired, the town board shall

have such powers and shall be subject to such duties in relation thereto

as shall be prescribed in subdivision four of section one hundred and

ninety-eight in relation to property acquired for park purposes pursuant

to the petition for the establishment of such district.