2015 New York Laws
VIL - Village
Article 2 - (Village) INCORPORATION
2-206 - Proceeding on hearing.

NY Vill L § 2-206 (2015) What's This?

2-206 Proceeding on hearing. 1. The supervisor, or supervisors if a joint hearing, with whom the petition or copies thereof, were filed, shall meet at the time and place specified in such notice and shall hear objections which may be presented as to the legal sufficiency of the petition for incorporation based upon any of the following grounds:

a. That a person signing such petition was not qualified therefor;

b. If it is alleged that the petition is submitted on the basis that the persons signing such petition constitute twenty per cent of the residents in such territory qualified to vote for officers of a town in which all or part of such territory is located, that such allegation is false;

c. If it is alleged that the petition is submitted on the basis that the persons signing such petition are the owners of more than fifty percent in assessed valuation of the real property in such territory or in full valuation of the real property in each part of each town in such territory and computed separately for each such part, as the case may be, assessed upon the last completed assessment roll or rolls of the town or towns in which all or part of such territory is located, that such allegation is false;

d. That such territory is part of a city or village;

e. That if such territory is less than an entire town, it contains more than five square miles and the limits of such territory are not coterminous with the entire boundaries of one school, fire, fire protection, fire alarm, town special or town improvement district and the limits of such territory are not coterminous with parts of the boundaries of more than one school, fire, fire protection, fire alarm, town special or town improvement district, all of which are wholly contained within such limits and within one town;

f. That such territory does not contain a population of at least five hundred regular inhabitants;

g. That the petition in any other specified respect does not conform to the requirements of this article.

2. The supervisor of the town in which the entire territory, or the greatest portion of such territory is located shall conduct the hearing.

3. All objections must be in writing and signed by one or more residents qualified to vote for town offices a town in which all or part of such territory of the proposed village is located. Testimony as to objections may be taken at the hearing which shall be reduced to writing and subscribed by those testifying. The burden of proof shall be on the objectors. All written objections and signed testimony shall clearly state the name and address of the objector.

4. The hearing may be adjourned but must be concluded within twenty days from the date fixed in the notice of hearing.


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