ARTICLE IX\n Local Governments\n Bill of rights for local governments.\n Section 1. Effective local self-government and intergovernmental\ncooperation are purposes of the people of the state. In furtherance\nthereof, local governments shall have the following rights, powers,\nprivileges and immunities in addition to those granted by other\nprovisions of this constitution:\n (a) Every local government, except a county wholly included within a\ncity, shall have a legislative body elective by the people thereof.\nEvery local government shall have power to adopt local laws as provided\nby this article.\n (b) All officers of every local government whose election or\nappointment is not provided for by this constitution shall be elected by\nthe people of the local government, or of some division thereof, or\nappointed by such officers of the local government as may be provided by\nlaw.\n (c) Local governments shall have power to agree, as authorized by act\nof the legislature, with the federal government, a state or one or more\nother governments within or without the state, to provide cooperatively,\njointly or by contract any facility, service, activity or undertaking\nwhich each participating local government has the power to provide\nseparately. Each such local government shall have power to apportion its\nshare of the cost thereof upon such portion of its area as may be\nauthorized by act of the legislature.\n (d) No local government or any part of the territory thereof shall be\nannexed to another until the people, if any, of the territory proposed\nto be annexed shall have consented thereto by majority vote on a\nreferendum and until the governing board of each local government, the\narea of which is affected, shall have consented thereto upon the basis\nof a determination that the annexation is in the over-all public\ninterest. The consent of the governing board of a county shall be\nrequired only where a boundary of the county is affected. On or before\nJuly first, nineteen hundred sixty-four, the legislature shall provide,\nwhere such consent of a governing board is not granted, for adjudication\nand determination, on the law and the facts, in a proceeding initiated\nin the supreme court, of the issue of whether the annexation is in the\nover-all public interest.\n (e) Local governments shall have power to take by eminent domain\nprivate property within their boundaries for public use together with\nexcess land or property but no more than is sufficient to provide for\nappropriate disposition or use of land or property which abuts on that\nnecessary for such public use, and to sell or lease that not devoted to\nsuch use. The legislature may authorize and regulate the exercise of the\npower of eminent domain and excess condemnation by a local government\noutside its boundaries.\n (f) No local government shall be prohibited by the legislature (1)\nfrom making a fair return on the value of the property used and useful\nin its operation of a gas, electric or water public utility service,\nover and above costs of operation and maintenance and necessary and\nproper reserves, in addition to an amount equivalent to taxes which such\nservice, if privately owned, would pay to such local government, or (2)\nfrom using such profits for payment of refunds to consumers or for any\nother lawful purpose.\n (g) A local government shall have power to apportion its cost of a\ngovernmental service or function upon any portion of its area, as\nauthorized by act of the legislature.\n (h) (1) Counties, other than those wholly included within a city,\nshall be empowered by general law, or by special law enacted upon county\nrequest pursuant to section two of this article, to adopt, amend or\nrepeal alternative forms of county government provided by the\nlegislature or to prepare, adopt, amend or repeal alternative forms of\ntheir own. Any such form of government or any amendment thereof, by act\nof the legislat
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.