§ 706 — Annexation of uninhabited territory belonging to a city or a village

§ 706. Annexation of uninhabited territory belonging to a city or a\nvillage. 1. Village-owned territory. If a village is the owner of\nuninhabited territory adjoining the village, such territory may be\nannexed to the village if the town board of the town in which such\nterritory is situated, by a concurring vote of a majority of its\nmembers, consents thereto on the basis of its determination that such\nannexation is in the over-all public interest; provided, however, that\nif all or any portion of such uninhabited territory is located in whole\nor in part in another village in the town, the governing board of such\nother village by a concurring of a majority of its members shall also\nconsent thereto on the basis of its determination that such annexation\nis in the over all public interest. Upon the filing of such consent or\nconsents, as the case may be, with, the board of trustees of the village\nwhich owns such uninhabited territory, the board of trustees of such\nvillage may make a written order determining to annex such territory\nwithout the presentation of a petition as prescribed in section seven\nhundred four of this article and without the holding of the hearing\nprovided in section seven hundred five of this article.\n 2. City-owned territory. If a city is the owner of uninhabited\nterritory adjoining the city, such territory may be annexed to the city\nif the town board of the town in which such territory is situated, by a\nconcurring vote of a majority of its members, consents thereto on the\nbasis of its determination that such annexation is in the over-all\npublic interest; provided, however, that if all or any portion of such\nuninhabited territory is located in whole or in part in a village in\nsuch town, the governing board of such village, by a concurring vote of\na majority of its members, shall also consent thereto on the basis of\nits determination that such annexation is in the over-all public\ninterest. The town board shall, prior to granting its consent give\nthirty days written notice of the meeting of the town board at which the\nquestion of such annexation will be discussed to any school district,\nfire district or other district corporation, public benefit corporation,\nand town improvement district operated by a separate board of\ncommissioners, situated wholly or partly in the territory to be annexed\nand which would be affected by such annexation. Any such district or\ncorporation may appear at such meeting or adjournment thereof and\npresent objections to such annexation. Upon the filing of such consent\nor consents, as the case may be, with the governing board of the city,\nthe governing board of such city may make a written order determining to\nannex such territory without the presentation of a petition as\nprescribed in section seven hundred four of this article and without the\nholding of the hearing provided in section seven hundred five of this\narticle.\n 3. Except as otherwise provided in this section, all the provisions of\nthis article, including but not limited to those requiring the adoption\nof a local law as provided in section seven hundred fourteen of this\narticle, shall be applicable to and govern the proceedings to be\nfollowed in effectuating any such annexation.\n