Section 208-A. Acquisition of land for proposed district  


Latest version.
  • 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  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.