NY Vill L § 18-1804 (2021)
2021 New York Laws VIL - Village Article 18 - Alterations and Form of Government 18-1804 - Diminishing Boundaries.

§  18-1804  Diminishing boundaries. The boundaries of a village may be   diminished by excluding from its corporate limits territory not adjacent   to nor benefited by either street  or  sidewalk  improvements,  electric   lights,  sewers, water works system or fire protection, when any of such   benefits, improvements or system have been completed  in  a  village.  A   petition  for  diminishing  the  boundaries  of  a  village by excluding   territory therefrom may be presented to the board of  trustees  of  such   village.  Such  petition  shall  describe  the  territory  sought  to be   excluded, and shall state the number  of  inhabitants  thereof  and  the   names  of  the  owners and occupants of each parcel of land therein, and   shall be signed and duly acknowledged  by  a  majority  of  the  persons   residing  therein, if any, qualified to vote for village officers, or by   the owners of a majority in value of the  real  property  sought  to  be   excluded,  assessed  upon  the  last  preceding village assessment-roll.   Each person signing such petition shall  state  opposite  his  name  the   assessed  valuation  of  all  property  owned  by him in such territory,   together with the amount of such village taxes paid thereon  during  the   preceding  year.  Such  statement  of  assessed valuation and taxes paid   shall be duly  verified  by  each  person  signing  such  petition.  The   petition  must  also  be  accompanied  by  the  consent  in writing of a   majority of the town board of the town in which the territory sought  to   be  excluded  is  situated.  Upon  the presentation of such petition and   consent, the  board  of  trustees  shall  cause  a  proposition  for  so   diminishing  such  boundaries  to  be  submitted  at the next succeeding   annual village election, or a special election called for the purpose of   voting upon  such  proposition.  If  the  proposition  be  adopted,  the   petition,  consent  and  certificate of the result of the vote cast upon   the proposition shall be recorded in the village book of records. Within   twenty days after  the  adoption  of  such  proposition,  a  certificate   containing a description of the territory sought to be excluded, stating   the  assessed  valuation  thereof and the number of inhabitants therein,   shall be filed in the town clerk's office  of  each  town,  and  in  the   county  clerk's  office of each county in which the village is wholly or   partly situated, and also in the  office  of  the  secretary  of  state.   Territory  so  excluded  from  the  village  shall  not be relieved from   bearing  its  proportionate  share  of  any  liability  or  indebtedness   occurred  by  such  village while such territory was a part thereof, and   until such liability is  discharged,  or  such  indebtedness  paid,  the   proportionate  share  to  which such territory would be liable if it had   not been excluded shall be levied upon, assessed and collected from such   territory by the proper officers of such village, in the same manner  as   if such territory had not been excluded therefrom. The board of trustees   shall  also cause an outline map of the corporate limits of such village   to be made, which map shall plainly  describe  the  territory  excluded.   Such  map together with a description of the territory excluded shall be   filed in the office of the secretary of state. The diminishing  of  such   boundaries  shall  take  effect upon the receipt of the village clerk of   the certificate of the secretary of state under the seal of his  office,   certifying  that  he has received and placed on file in his office, such   outline map and description of the corporate limits of such village with   the portion excluded. For the purpose of determining whether or not such   boundaries have  been  diminished  a  substantial  compliance  with  the   provisions  of  this section shall be deemed sufficient and no action or   proceeding shall be taken by any person questioning the validity thereof   unless so taken within one year of the diminution as above provided.