N.Y. General Municipal Law Section 711
Determination after hearing


1.

Within ninety days after the hearing held pursuant to § 705 (Hearing)section seven hundred five of this article is concluded, the governing board of each affected local government shall determine by a majority vote of its total voting strength whether the petition or joint resolution to initiate annexation complies with the provisions of this article and whether, on the basis of considerations including but not limited to those relating to the effects upon (a) the territory proposed to be annexed, (b) the local government or governments to which the territory is proposed to be annexed, (c) the remaining area of the local government or governments in which the territory is situated and (d) any school district, fire district or other district corporation, public benefit corporation, fire protection district, fire alarm district or town or county improvement district, situated wholly or partly in such territory, it is in the over-all public interest to approve such proposed annexation.

2.

a. At such time, each such governing board shall adopt a resolution which shall include findings with respect to compliance of the petition or joint resolution to initiate annexation, with the provisions of this article and with respect to the effect of such proposed annexation on the over-all public interest. In the case of a governing board which has executed any agreement described in subdivision two of section seven hundred seven or subdivision two of section seven hundred eight of this article relating to the assumption of indebtedness or other liabilities or the disposition of property rights in the event of annexation, its findings with respect to the effect of such annexation on the over-all public interest shall be based on and include the terms and conditions of such agreement to the extent applicable. Where no agreement as described herein governs the assumption of indebtedness or other liabilities or the disposition of property, such findings shall be based on and include provisions concerning such assumption or disposition prescribed in subdivision one of section seven hundred seven or subdivision one of section seven hundred eight of this article, as the case may be.

b.

Each such board shall thereupon make and sign a written order accordingly containing its determination and file copies thereof, together with copies of the agreement, if any, the petition or joint resolution to initiate annexation, the notice, the written objections, if any, and testimony and minutes of proceedings taken and kept on the hearing, in the offices of the clerks of all the affected local governments. In the event that the governing board of an affected local government does not make, sign and file a written order as required by this section, such governing board shall be deemed to have approved the proposed annexation as of the expiration of the ninety-day period provided in subdivision one of this section.

3.

A determination of a governing board of an affected local government concerning a matter described in paragraphs a, b, c or d of subdivision one of § 705 (Hearing)section seven hundred five of this article shall be subject to judicial review as provided in article seventy-eight of the civil practice law and rules except that it must be instituted as therein provided within thirty days after the filing of such order as required by subdivision two of this section.

4.

If the governing boards of all the affected local governments shall determine either that it is or that it is not in the over-all public interest to approve the proposed annexation, such determination shall be final and conclusive.

5.

If any of such governing boards, but not all, shall determine that it is not in the over-all public interest to approve the proposed annexation, certified copies of the respective orders of such boards, in addition to being filed as provided in subdivision two of this section, shall also be filed in the office of the county clerk of each county in which the territory proposed to be annexed is situated.

Source: Section 711 — Determination after hearing, https://www.­nysenate.­gov/legislation/laws/GMU/711 (updated Sep. 22, 2014; accessed Jun. 22, 2024).

Accessed:
Jun. 22, 2024

Last modified:
Sep. 22, 2014

§ 711’s source at nysenate​.gov

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