NY Gen Mun L § 715 (2021)
2021 New York Laws GMU - General Municipal Article 17 - Municipal Annexation Law 715 - Effect on Certain School Districts in Which Territory Is Situated.

§  715.  Effect  on  certain  school  districts  in which territory is   situated.  1. In the case of an annexation to a city having one  hundred   twenty-five thousand or more inhabitants according to the latest federal   census,  or  to  any  other  city having a city school district which is   coterminous with such city, the  commissioner  of  education  shall,  by   order,  annex to the city school district of any such city the territory   so annexed to the city.  Such annexation to a city school district shall   be effective on  an  appropriate  date  which  shall  be  fixed  by  the   commissioner,  and  he shall in such order, alter the boundaries of such   city school district to make the same  conform  with  the  plan  of  the   annexation  to  such city, provided the territory proposed to be annexed   to the city is actually annexed thereto.2. In the case of an annexation to a city other than  those  described   in  subdivision  one of this section, the school authorities of a school   district in which territory proposed to be annexed is situated and which   district is not wholly or partly situated in the  city,  but  where  the   proposed  annexation  would  have  the  effect  of  bringing such school   district wholly or partly into such city, may petition the  commissioner   of education requesting an alteration of boundaries, between such school   district  and the city school district or another school district wholly   or partly within such city, by which alteration  the  area  in  question   would  be transferred from the school district under the jurisdiction of   such school authorities to such city school  district  or  other  school   district wholly or partly within the city. With the consent of such city   school  district  or  other  school district wholly or partly within the   city, the  commissioner  of  education,  shall,  by  order,  annex  such   territory to such city school district or other district effective on an   appropriate  date  which  shall  be fixed by him, provided the territory   proposed to be annexed to the city is actually annexed thereto.3. If an  annexation  of  territory  by  a  city  having  one  hundred   twenty-five thousand or more inhabitants according to the latest federal   census,  or  by  any  other  city having a city school district which is   coterminous with such  city,  includes  the  entire  area  of  a  school   district,  the  city  school  district  as  of  the  effective  date  of   annexation to such city school district, pursuant to the  order  of  the   commissioner of education, shall become the owner of all of the property   and  property  rights of such school district included in such territory   and shall  assume  all  of  the  indebtedness  and  contract  all  other   liabilities of such school district.4.  If  an  annexation  of  territory  by  a  city  having one hundred   twenty-five thousand or more inhabitants according to the latest federal   census, or any other  city  having  a  city  school  district  which  is   coterminous with such city, includes only a part of the area of a school   district,  the  indebtedness  and  any contract or other liabilities and   interest thereon shall be a charge upon and shall be paid by the city in   the case of an annexation of territory by  a  city  having  one  hundred   twenty-five  thousand  inhabitants,  and  by the city school district in   other cases, as the same shall become due and payable,  to  such  school   district partially included in such territory, in the same proportion to   the  whole  of  any  such indebtedness or any such liability as the full   valuation of the taxable real property of the territory which is annexed   bears to the full valuation of the taxable real property of  the  school   district  in  which such territory was situated prior to the annexation.   Such computation shall be made as of the day prior to the date  of  such   annexation.  Full  valuation  of  taxable  real  property shall mean the   valuation derived  by  dividing  the  assessed  valuation  of  the  real   property  concerned,  as shown by the last completed assessment roll of,   or utilized by, the school district in which it  is  situated  prior  to    such  annexation  by the equalization rate established by the authorized   state officer or agency for such roll. If such school district wholly or   partially included in the territory  which  is  annexed  owns  any  real   property  or rights in real property in such territory, any such city or   city school district,  as  the  case  may  be,  may  purchase  any  such   property,  including any personal property used in connection therewith,   from such school district for a fair and reasonable price to  be  agreed   upon  by  the  respective school boards and the school authorities shall   have power to execute any necessary instrument in relation  thereto.  If   such  real  property  is a school building owned by the school district,   the city or the city school district, as  the  case  may  be,  shall  be   required  to purchase such real property and any rights in real property   appurtenant thereto from the school district. If the authorities of  the   respective  school districts cannot agree on a fair and reasonable price   therefor, the city or city school district, as the case  may  be,  shall   proceed   to   acquire  such  real  property  and  any  such  rights  by   condemnation in the same manner as if  the  property  was  owned  by  an   individual.