N.Y. Town Law Section 208-A
Acquisition of land for proposed district


Upon the adoption of a resolution, subject to a permissive referendum, the town board may acquire in the name of the town any lands or rights therein for use by a future district or districts, of one or more types, or extensions thereof in such town. Any acquisition of such lands or rights therein as herein authorized shall be for the purposes of one or more improvement districts or extensions thereof proposed to be established in such town, and after the establishment thereof such lands shall be utilized for such purposes; provided, however, that in the event such district, districts or extensions thereof are not created or the property becomes unsuitable or undesirable for such district purposes, the property may be used for other town purposes, if practicable so to do, and if not, the property may be sold and disposed of in the same manner as town property no longer needed for town purposes.

2.

The expense of any improvement authorized pursuant to this section shall be a town charge and shall be assessed, levied and collected in the same manner and at the same time as other town charges; provided, however, that nothing herein contained shall be construed to prevent the financing in whole or in part, pursuant to the local finance law, of any improvement authorized pursuant to this section. Any such improvement shall be deemed to be a district or special improvement authorized by article twelve or twelve-A of this chapter within the meaning of paragraph b of section 35.00 of the local finance law.

3.

The town board may authorize the use of any property or rights therein acquired pursuant to this section by any district, districts or extensions thereof, thereafter established in such town, in the manner provided in § 208 (Joint administration and operation of special or improvement districts with town functions)section two hundred eight of this chapter, provided the expense of such acquisition or the proportionate share of the expense as shall be allocated to a district or extension thereof by the town board, together with the expense of the construction of the original improvement for such district or extension, shall not exceed the maximum amount authorized to be expended in such district or extension. Whenever the town board shall authorize the use of any property or right therein acquired pursuant to this section by any district, districts or extension thereof, the same shall be deemed to be a part of the improvement authorized by such district or extension thereof and the entire cost of such acquisition and the maintenance thereof as apportioned to such district or extension, shall be deemed to be a part of the cost of such improvement and shall be assessed, levied and collected in the same manner as other charges against such district or extension.

Source: Section 208-A — Acquisition of land for proposed district, https://www.­nysenate.­gov/legislation/laws/TWN/208-A (updated Sep. 22, 2014; accessed May 4, 2024).

190
Establishment or extension of improvement districts
190‑A
Water storage and distribution districts
190‑B
Sewage disposal districts
190‑C
Preparation of maps and plans
190‑D
Procedure for establishment of a sewage disposal district
190‑E
Wastewater disposal districts
190‑F
Additional powers of sewer districts
190‑G
Water quality treatment districts
191
Petition
191‑A
Preparation of maps and plans for sewer, wastewater disposal, drainage and water districts before petition
192
Maps and plans for sewer, wastewater disposal, drainage and water districts
192‑A
Provision for excess sewer, drainage or water facilities
193
Notice of hearing on petition
194
Establishment or extension of districts
194‑A
Powers of town boards with respect to certain contracts
195
Recording of determination
196
Modification of plans for sewer, wastewater disposal, drainage, water or water quality treatment districts
197
Performance of the work
197‑A
Contracts by water districts or town water storage and distribution districts with water authorities
198
Powers of town boards with respect to improvement districts
198‑A
Special districts for disposal of duck waste in Suffolk county
199
Proceedings for lateral sewers, drains or water mains
200
Petition for street improvement and proceedings thereon
200‑A
Construction and repair of sidewalks pursuant to order of town board
201
Sewer and water connections
202
Expenses of improvement
202‑A
Expense of maintenance
202‑B
Increase or improvement of facilities
202‑C
Dissolution and diminishing area of certain districts
202‑D
Increase of maximum amount to be expended
202‑E
Acquisition and improvement of additional property in park districts
202‑F
Construction or installation of certain improvements in state highways and county roads
203
Existing districts preserved
204
Transition to benefit basis levy of assessments in existing lighting districts
207
Re-establishment of certain water supply districts as water districts
208
Joint administration and operation of special or improvement districts with town functions
208‑A
Acquisition of land for proposed district
208‑B
Dissolution of lighting or public parking districts

Accessed:
May 4, 2024

Last modified:
Sep. 22, 2014

§ 208-A’s source at nysenate​.gov

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