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This entry was published on 2014-09-22
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SECTION 73
Alteration of town boundaries
Town (TWN) CHAPTER 62, ARTICLE 5
* § 73. Alteration of town boundaries. 1. A petition signed, and
acknowledged or proved, or authenticated in the manner provided in
article six for the purpose of altering the boundary lines or the
division of a town may be filed as herein provided. The petition shall
describe the boundaries with common certainty and shall be accompanied
by a map or survey showing the alteration proposed. The petition shall
be signed, and acknowledged or proved, or authenticated by electors of
each town affected as provided in section eighty-one of this chapter.
The petition shall contain a statement of all town indebtedness and the
reasons for the change.

2. The petition shall be filed with the clerk of the board of
supervisors of the county not less than one hundred twenty days
preceding a biennial town election. The board of supervisors shall fix a
date for a public hearing thereon and the clerk of said board of
supervisors shall prepare a notice of such hearing which shall recite
the filing of the petition and the description of the proposed
alteration. The notice shall be delivered to the town clerk of each town
affected thereby, who shall cause the same to be published in a
newspaper published in the town, or if none, in a newspaper having
circulation in such town, once a week for four successive weeks next
preceding the hearing and who shall also cause a copy of the notice to
be posted on the sign-board of the town maintained pursuant to
subdivision six of section thirty of this chapter at least four weeks
next preceding the hearing. In the event that the town maintains a
website, such information may also be provided on the website. The cost
of publication and posting shall be a town charge and due proof thereof
shall be filed with the clerk of the board of supervisors at or before
the hearing.

3. The public hearing may be held either before the board of
supervisors or a standing or special committee of the board designated
for the purpose. A report of proceedings before a committee shall be
filed with the clerk of the board of supervisors within ten days after
the public hearing. After such public hearing and upon the evidence
given thereat, the board of supervisors may by a resolution adopted by a
two-thirds vote of the total voting power of the board grant the
petition and provide for the submission of a proposition to the electors
of each town affected. A copy of the determination of the board of
supervisors duly certified by the clerk of the board shall be filed in
the office of the town clerk of each town affected. No county, city or
village boundary shall be altered under or pursuant to the provisions of
this section.

4. The form of the proposition and the certificate thereof shall be in
the manner provided in article three of the county law. When a town is
to be divided, the board of supervisors shall determine the proposed
name of each new town.

5. The proposition shall be submitted to the qualified electors of
each town affected at the next biennial town election occurring not less
than forty days after the adoption of the resolution of the board of
supervisors. All provisions of the election law not inconsistent with
this chapter shall apply to the submission of the proposition and to the
canvass of the vote and certification of the result. If a majority of
the votes cast on such proposition be in the affirmative, the
proposition shall be adopted and the town or towns shall consist of the
territory as so altered or divided.

6. The clerk of the board of supervisors shall cause a copy of the
petition together with a copy of such map or survey, to be filed within
sixty days after the adoption of the proposition with the secretary of
state and state comptroller, and with the county clerk of the county.

* NB This section partially repealed by chapter 73/64. Certain
provisions were retained by opinion of the Atty. Gen. (Inf.) October 1,
1981;(Inf.) 195/1975; and (Inf.) 143/1977.