§ 1-102. Powers of incorporated village

Terms Used In N.Y. Village Law 1-102

  • Bequest: Property gifted by will.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Devise: To gift property by will.
  • Donor: The person who makes a gift.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Personal property: All property that is not real property.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

The citizens of the state of New York, from time to time inhabitants of the territory comprised within the boundaries of any village heretofore or hereafter incorporated shall continue to be a municipal corporation in perpetuity under its corporate name and the same shall in that name be a body politic and corporate in fact and in law, with power of perpetual succession. The village shall have power:

1. To take, purchase, hold, lease, sell and convey such real and personal property as the purposes of the corporation may require.

2. To take by gift, grant, bequest or devise and hold real and personal estate absolutely or in trust for any purpose of the corporation or for any public use upon such terms or conditions as may be prescribed by the grantor or donor and accepted by said corporation and to provide for the proper administration of the same.

3. To take unconditionally by gift, grant, bequest or devise for any other purpose any real or personal property or estate or interest therein, to hold same for only such time as is reasonably necessary to sell, convey or to dispose thereof, and to so sell, convey or dispose thereof; notwithstanding that the holding of such property would not be for a purpose of the corporation or for a public use.

4. To make, have and use, and from time to time alter, a common seal.

5. To contract and be contracted with, to sue and be sued, to complain and defend and to institute, prosecute, maintain, defend and intervene in, any action or proceeding in any court.

6. To have and exercise all the rights, privileges and jurisdiction essential to a proper exercise of its corporate function, including all that may be necessarily incident to, or may be fairly implied from the powers specifically conferred upon such corporation.

7. To have and exercise all the rights, privileges, functions and powers prescribed and exercised by it under existing or subsequent laws and not inconsistent with the provisions of this chapter.