18-1804 Diminishing boundaries. The boundaries of a village may be diminished by excluding from its corporate limits territory not adjacent to nor benefited by either street or sidewalk improvements, electric lights, sewers, water works system or fire protection, when any of such benefits, improvements or system have been completed in a village. A petition for diminishing the boundaries of a village by excluding territory therefrom may be presented to the board of trustees of such village. Such petition shall describe the territory sought to be excluded, and shall state the number of inhabitants thereof and the names of the owners and occupants of each parcel of land therein, and shall be signed and duly acknowledged by a majority of the persons residing therein, if any, qualified to vote for village officers, or by the owners of a majority in value of the real property sought to be excluded, assessed upon the last preceding village assessment-roll. Each person signing such petition shall state opposite his name the assessed valuation of all property owned by him in such territory, together with the amount of such village taxes paid thereon during the preceding year. Such statement of assessed valuation and taxes paid shall be duly verified by each person signing such petition. The petition must also be accompanied by the consent in writing of a majority of the town board of the town in which the territory sought to be excluded is situated. Upon the presentation of such petition and consent, the board of trustees shall cause a proposition for so diminishing such boundaries to be submitted at the next succeeding annual village election, or a special election called for the purpose of voting upon such proposition. If the proposition be adopted, the petition, consent and certificate of the result of the vote cast upon the proposition shall be recorded in the village book of records. Within twenty days after the adoption of such proposition, a certificate containing a description of the territory sought to be excluded, stating the assessed valuation thereof and the number of inhabitants therein, shall be filed in the town clerk's office of each town, and in the county clerk's office of each county in which the village is wholly or partly situated, and also in the office of the secretary of state. Territory so excluded from the village shall not be relieved from bearing its proportionate share of any liability or indebtedness occurred by such village while such territory was a part thereof, and until such liability is discharged, or such indebtedness paid, the proportionate share to which such territory would be liable if it had not been excluded shall be levied upon, assessed and collected from such territory by the proper officers of such village, in the same manner as if such territory had not been excluded therefrom. The board of trustees shall also cause an outline map of the corporate limits of such village to be made, which map shall plainly describe the territory excluded. Such map together with a description of the territory excluded shall be filed in the office of the secretary of state. The diminishing of such boundaries shall take effect upon the receipt of the village clerk of the certificate of the secretary of state under the seal of his office, certifying that he has received and placed on file in his office, such outline map and description of the corporate limits of such village with the portion excluded. For the purpose of determining whether or not such boundaries have been diminished a substantial compliance with the provisions of this section shall be deemed sufficient and no action or proceeding shall be taken by any person questioning the validity thereof unless so taken within one year of the diminution as above provided.
Last modified: February 3, 2019