NYCL AGO 95-42.

• Case Date: August 14, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-42. August 14, 1995Informal Opinion No. 95-42James J. Killela, Jr., Esq. Village Attorney Village of Waverly P. O. Box 149 Waverly, NY 14892VILLAGE LAW § 18-1804; L 1929 CH 662; L 1921 CH 275; L 1903 CH 606.A property owner may utilize section 18-1804 of the Village Law to exclude his property from village boundaries only if he does not receive specified village services and improvements.Dear Mr. Killela: You have asked that we construe section 18-1804 of the Village Law, a procedure for diminishing the boundaries of a village. Your concern is the following language:

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 taxpayer seeking exclusion of his property from village boundaries is currently served by village streets, street lights and water supply. However, there is no sidewalk abutting the taxpayer's property and the property is not serviced by a wastewater treatment facility. All of the above services and improvements have been completed in the village. The Town of Barton and the Village of Waverly are serviced by an independent fire district. Your question is whether, under the statutory language, the presence of some but not all of the listed benefits and improvements makes this property eligible for exclusion from the village under section 18-1804. We have found no authorities construing this language. Further, no legislative history is available from the initial passage of the section (L 1903, ch 606). Nor is there anything helpful in the text of two subsequent amendments to the provision or in their...