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 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.
Last modified: February 3, 2019