N.Y. Environmental Conservation Law Section 15-1981
Powers of association

  • limitations
  • voluntary dissolution

1.

The association shall have:

a.

Power to construct, maintain and keep in repair the drainage project described in the articles of association;

b.

Power to sue and be sued and to enter into contracts to carry out its purposes;

c.

Power to make application, pursuant to section 15-1983, to acquire the right to construct, maintain and keep in repair, on the lands of others, that part of the drainage project as so described in the articles of association; and

d.

No power to issue bonds or other evidences of indebtedness.

2.

All actions of the association shall be taken by a majority vote, except as hereinafter provided, of those members present at a duly called meeting at which a quorum is present. Each member shall have but one vote regardless of the number of parcels of drainable acreage owned by him and included within the drainage section. If there be more than one owner of a parcel or parcels of drainable acreage, such owners shall be entitled collectively to but one vote.

3.

No drainage section association shall be formed in an area within a presently existing drainage improvement district. The formation of such an association shall not prevent the inclusion of the aggregate drained acreage within a drainage improvement district hereafter created, in which event the association shall be deemed to be dissolved, except for the purpose of meeting and paying its existing liabilities for debts, costs, expenses and fees.

4.

A voluntary petition to dissolve the association may be made to the Supreme Court upon petition of the president of the association when authorized to do so by the affirmative votes of three-fourths of the members present at a special meeting called for that sole purpose and at which a quorum is present. Ten days’ notice, in writing of the time and place of the presentation of such a petition shall be given to all members and to non-members, if any, upon whose lands drainage works shall have been constructed in accordance with the articles of association. Public notice of the presentation of the petition shall also be given by a notice stating the time and place of such presentation, published once in two consecutive weeks prior to such time in a paper published in the county in which the articles of association have been recorded. The court, after hearing all interested persons, may grant an order dissolving the association, upon such terms and conditions as in its discretion are merited. The court shall not grant such order in the absence of proof that the association has no outstanding indebtedness. An order dissolving the association shall be recorded in the office of the county clerk in which the articles of association have been recorded and shall direct the county clerk to index it under the name of the association in the index of grantors of real property.

Source: Section 15-1981 — Powers of association; limitations; voluntary dissolution, https://www.­nysenate.­gov/legislation/laws/ENV/15-1981 (updated Sep. 22, 2014; accessed Dec. 21, 2024).

15‑1901
Purpose
15‑1903
General provisions and definitions
15‑1905
Drainage improvement districts
15‑1907
Drainage improvement associations
15‑1909
Entry upon lands, structures and waters
15‑1911
Petition for formation of district
15‑1913
Proceedings on petition
15‑1915
Proceedings for formation of district
15‑1917
Surveys and maps
15‑1919
Drainage enhancements
15‑1921
Proceedings on enhancements
15‑1923
Plans and estimates
15‑1925
General apportionment of cost
15‑1927
Proceedings on general apportionment of costs and final fixation of boundaries
15‑1929
Corrections and revisions of statements of enhancements
15‑1931
Procedure for authorization of construction
15‑1933
Construction
15‑1935
Contracts
15‑1937
Operation and maintenance
15‑1939
Special apportionment of cost
15‑1941
Major repairs of drainage works
15‑1943
Minor repairs in drainage districts
15‑1945
Minor repairs in existing drainage ditches
15‑1947
Unlawful interference with drainage works
15‑1949
Removal of beaver
15‑1951
Financing of improvements
15‑1953
Drainage improvement district fund
15‑1955
Proceedings for assessment and collection of cost
15‑1957
Drainage fund
15‑1959
Corrections and revisions of assessments, determinations of drainage enhancements and apportionment of costs
15‑1961
Drainage district with federal aid
15‑1963
Formation of district with federal aid
15‑1965
Construction project
15‑1967
Changes in project
15‑1969
Continuation of district
15‑1971
Transfer of property and discontinuance of district
15‑1973
Drainage section association
15‑1975
Drainage section association
15‑1977
Articles of association
15‑1979
First annual meeting
15‑1981
Powers of association
15‑1983
Drainage of agricultural lands

Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 15-1981’s source at nysenate​.gov

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