2023 New York Laws › TWN - Town › Article 12 - District and Special Improvements › 202-E - Acquisition and Improvement of Additional Property in Park Districts.

§  202-e.  Acquisition  and improvement of additional property in park
  districts.  1. Petition. After the establishment of a park district  and
  the  acquisition  for  park  purposes  of  the property described in the
  petition for the establishment of the district, the town  board  upon  a
  petition  therefor  may  acquire additional property for the purposes of
  such park district, in the manner herein provided. Such  petition  shall
  be  signed,  and acknowledged or proved, or authenticated, in the manner
  specified in section  one  hundred  ninety-one  for  petitions  for  the
  establishment   of   a  park  district  and  shall  be  subject  to  the
  requirements of such section as to sufficiency of signers. The  petition
  shall  also describe the additional property proposed to be acquired for
  park purposes and shall state the maximum amount proposed to be expended
  for the acquisition and improvement thereof.
2.  Hearing.  Whenever  such  a  petition  containing   the   required
  signatures  shall have been presented to the town board, the board shall
  adopt an order providing for a meeting to consider such petition and  to
  hear all interested persons and shall cause notice of such hearing to be
  given  in  the  manner provided in section one hundred and ninety-three.
  After such hearing and upon the evidence given thereat, the  town  board
  shall  make  the  determinations specified in subdivision one of section
  one hundred and ninety-four.
3. Permission of comptroller. If such board  shall  determine  in  the
  affirmative  all  the  questions set forth in such subdivision and shall
  approve said petition, an application shall be filed in  the  office  of
  the  state department of audit and control for permission to acquire and
  improve the additional  property  described  in  said  petition.    Such
  application shall be executed and filed in the form and manner specified
  in  section  one hundred and ninety-four for the execution and filing of
  an application  for  permission  to  create  or  extend  an  improvement
  district  and the state comptroller shall make and file an order, in the
  manner and subject to the restrictions specified in  subdivisions  three
  and  four of said section, granting or denying such permission. The town
  clerk shall present the order of the comptroller to the  town  board  at
  the next meeting thereof.
4.  Powers  of  town  board.  If  the  state  comptroller  shall  deny
  permission for the acquisition and improvement  of  such  property,  the
  town  board  shall forthwith adopt an order denying the petition. If the
  state comptroller shall grant permission therefor, the  town  board  may
  acquire  by  purchase  or  condemnation  the  property  described in the
  petition;  provided,  however,  that  no  property  situated  within  an
  incorporated village or city shall be acquired unless the permission and
  consent of the legislative body thereof, is first obtained.
After such additional property has been acquired, the town board shall
  have such powers and shall be subject to such duties in relation thereto
  as  shall  be  prescribed in subdivision four of section one hundred and
  ninety-eight in relation to property acquired for park purposes pursuant
  to the petition for the establishment of such district.