2023 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.