N.Y. Town Law § 208-a: Acquisition of land for proposed district

§ 208-a. Acquisition of land for proposed district. Upon the adoption

of a resolution, subject to a permissive referendum, the town board may

acquire in the name of the town any lands or rights therein for use by a

future district or districts, of one or more types, or extensions

thereof in such town.

Any acquisition of such lands or rights therein as herein authorized

shall be for the purposes of one or more improvement districts or

extensions thereof proposed to be established in such town, and after

the establishment thereof such lands shall be utilized for such

purposes; provided, however, that in the event such district, districts

or extensions thereof are not created or the property becomes unsuitable

or undesirable for such district purposes, the property may be used for

other town purposes, if practicable so to do, and if not, the property

may be sold and disposed of in the same manner as town property no

longer needed for town purposes.

2. The expense of any improvement authorized pursuant to this section

shall be a town charge and shall be assessed, levied and collected in

the same manner and at the same time as other town charges; provided,

however, that nothing herein contained shall be construed to prevent the

financing in whole or in part, pursuant to the local finance law, of any

improvement authorized pursuant to this section. Any such improvement

shall be deemed to be a district or special improvement authorized by

article twelve or twelve-A of this chapter within the meaning of

paragraph b of section 35.00 of the local finance law.

3. The town board may authorize the use of any property or rights

therein acquired pursuant to this section by any district, districts or

extensions thereof, thereafter established in such town, in the manner

provided in section two hundred eight of this chapter, provided the

expense of such acquisition or the proportionate share of the expense as

shall be allocated to a district or extension thereof by the town board,

together with the expense of the construction of the original

improvement for such district or extension, shall not exceed the maximum

amount authorized to be expended in such district or extension.

Whenever the town board shall authorize the use of any property or right

therein acquired pursuant to this section by any district, districts or

extension thereof, the same shall be deemed to be a part of the

improvement authorized by such district or extension thereof and the

entire cost of such acquisition and the maintenance thereof as

apportioned to such district or extension, shall be deemed to be a part

of the cost of such improvement and shall be assessed, levied and

collected in the same manner as other charges against such district or

extension.