N.Y. General Municipal Law Section 716
Restrictions and prohibitions


Notwithstanding any other provision of this article or of any other law:

1.

An annexation shall not affect the boundaries of any congressional district, senate district or assembly district.

2.

The date on which any such annexation shall take effect shall be such that it will not deprive a qualified elector of his right to vote at the general election to be held on the first Tuesday next succeeding the first Monday in November of the year in which the annexation is to become effective.

3.

A county shall not annex territory situated in another county unless the territory so annexed shall on the same date be annexed to either a city situated in whole or in part, or to a town situated in the county to which the territory is annexed.

4.

A city shall not annex territory situated in a county other than a county in which such city is situated unless the territory so annexed shall on the same date be annexed to the county, or one of the counties, in which such city is situated.

5.

A town shall not annex territory situated in a county other than the county in which such town is situated unless the territory so annexed shall on the same date be annexed to the county in which such town is situated.

6.

A village shall not annex territory of a city unless the territory so annexed shall on the same date be annexed to the town, or to one or more of the towns, in which the village is situated.

7.

A village may annex territory of another village, but such annexation shall not result in any change of the boundaries of any county or town. This provision shall not be deemed to prevent any such annexation simultaneously with an annexation of the same territory by a county and the town or towns in which the village to which such territory is to be annexed is situated in whole or in part or, when the territory so annexed is situated in the same county as such village, with an annexation of the same territory by the town or towns in which such village is situated in whole or in part.

8.

A town may annex territory of a city, but such annexation shall not result in any change of the boundaries of a village. This provision shall not be deemed to prevent any such annexation by a town simultaneously with an annexation of the same territory by a county and by a village or villages situated in whole or in part in such town or with an annexation by a village or villages situated in whole or in part in such town.

9.

A town may annex territory of another town, but such annexation shall not result in any change in the boundaries of a village. This provision shall not be deemed to prevent any such annexation by a town simultaneously with an annexation of the same territory by a village or villages situated in whole or in part in either or both of such towns.

10.

An annexation by a county shall not increase the area of any county improvement district in such county. If a county annexes territory in another county and such territory includes in whole or in part the area of a county improvement district situated in the other county, the area of the county improvement district located in the territory annexed shall cease to be a part of such district when such annexation becomes effective.

11.

If a city annexes territory of a town and such territory includes in whole or in part the area of any fire district, fire protection district or fire alarm district or of any town special district or of any town improvement district, the area of any such district located in the territory annexed shall cease to be a part of such district when such annexation becomes effective.

12.

If a village annexes territory of the town in which it is situated or of another village located in such town or in another town, any such annexation shall not affect the boundaries of any town special or improvement district in such town or the boundaries of any fire district, fire protection district or fire alarm district.

13.

If a town annexes territory of another town, such annexation shall not affect the boundaries of any fire district, fire protection district or fire alarm district, but the territory so annexed shall cease to be a part of any town special or improvement district in such other town when the annexation becomes effective.

Source: Section 716 — Restrictions and prohibitions, https://www.­nysenate.­gov/legislation/laws/GMU/716 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 716’s source at nysenate​.gov

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