Annexation of uninhabited territory belonging to a city or a village

§ 706. Annexation of uninhabited territory belonging to a city or a village. 1. Village-owned territory. If a village is the owner of uninhabited territory adjoining the village, such territory may be annexed to the village if the town board of the town in which such territory is situated, by a concurring vote of a majority of its members, consents thereto on the basis of its determination that such annexation is in the over-all public interest; provided, however, that if all or any portion of such uninhabited territory is located in whole or in part in another village in the town, the governing board of such other village by a concurring of a majority of its members shall also consent thereto on the basis of its determination that such annexation is in the over all public interest. Upon the filing of such consent or consents, as the case may be, with, the board of trustees of the village which owns such uninhabited territory, the board of trustees of such village may make a written order determining to annex such territory without the presentation of a petition as prescribed in section seven hundred four of this article and without the holding of the hearing provided in section seven hundred five of this article.

2. City-owned territory. If a city is the owner of uninhabited territory adjoining the city, such territory may be annexed to the city if the town board of the town in which such territory is situated, by a concurring vote of a majority of its members, consents thereto on the basis of its determination that such annexation is in the over-all public interest; provided, however, that if all or any portion of such uninhabited territory is located in whole or in part in a village in such town, the governing board of such village, by a concurring vote of a majority of its members, shall also consent thereto on the basis of its determination that such annexation is in the over-all public interest. The town board shall, prior to granting its consent give thirty days written notice of the meeting of the town board at which the question of such annexation will be discussed to any school district, fire district or other district corporation, public benefit corporation, and town improvement district operated by a separate board of commissioners, situated wholly or partly in the territory to be annexed and which would be affected by such annexation. Any such district or corporation may appear at such meeting or adjournment thereof and present objections to such annexation. Upon the filing of such consent or consents, as the case may be, with the governing board of the city, the governing board of such city may make a written order determining to annex such territory without the presentation of a petition as prescribed in section seven hundred four of this article and without the holding of the hearing provided in section seven hundred five of this article.

3. Except as otherwise provided in this section, all the provisions of this article, including but not limited to those requiring the adoption of a local law as provided in section seven hundred fourteen of this article, shall be applicable to and govern the proceedings to be followed in effectuating any such annexation.