Public-domain · open source
OpenJurist

N.Y. Vill. Law § 2-206

Proceeding on hearing

Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2024). View current text →

§ 2-206 Proceeding on hearing. 1. The supervisor, or supervisors if a\njoint hearing, with whom the petition or copies thereof, were filed,\nshall meet at the time and place specified in such notice and shall hear\nobjections which may be presented as to the legal sufficiency of the\npetition for incorporation based upon any of the following grounds:\n a. That a person signing such petition was not qualified therefor;\n b. If it is alleged that the petition is submitted on the basis that\nthe persons signing such petition constitute twenty per cent of the\nresidents in such territory qualified to vote for officers of a town in\nwhich all or part of such territory is located, that such allegation is\nfalse;\n c. If it is alleged that the petition is submitted on the basis that\nthe persons signing such petition are the owners of more than fifty\npercent in assessed valuation of the real property in such territory or\nin full valuation of the real property in each part of each town in such\nterritory and computed separately for each such part, as the case may\nbe, assessed upon the last completed assessment roll or rolls of the\ntown or towns in which all or part of such territory is located, that\nsuch allegation is false;\n d. That such territory is part of a city or village;\n e. That if such territory is less than an entire town, it contains\nmore than five square miles and the limits of such territory are not\ncoterminous with the entire boundaries of one school, fire, fire\nprotection, fire alarm, town special or town improvement district and\nthe limits of such territory are not coterminous with parts of the\nboundaries of more than one school, fire, fire protection, fire alarm,\ntown special or town improvement district, all of which are wholly\ncontained within such limits and within one town;\n f. That such territory does not contain a population of at least five\nhundred regular inhabitants;\n g. That the petition in any other specified respect does not conform\nto the requirements of this article.\n 2. The supervisor of the town in which the entire territory, or the\ngreatest portion of such territory is located shall conduct the hearing.\n 3. All objections must be in writing and signed by one or more\nresidents qualified to vote for town offices a town in which all or part\nof such territory of the proposed village is located. Testimony as to\nobjections may be taken at the hearing which shall be reduced to writing\nand subscribed by those testifying. The burden of proof shall be on the\nobjectors. All written objections and signed testimony shall clearly\nstate the name and address of the objector.\n 4. The hearing may be adjourned but must be concluded within twenty\ndays from the date fixed in the notice of hearing.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.