New York Consolidated Laws

N.Y. Village Law § 1-102 (2026)

Powers of incorporated village The citizens of the state of New York, from time to time inhabitants of the territory comprised within the...

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 1-102. Powers of incorporated village
  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.
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1982–2025 · leading case: Vill. of Chestnut Ridge v. Town of Ramapo, 45 A.D.3d 74 (N.Y. App. Div. 2d Dep't 2007).
Vill. of Chestnut Ridge v. Town of Ramapo, 45 A.D.3d 74 (N.Y. App. Div. 2d Dep't 2007). · cites it 2× “Here, the necessary statutory predicate is provided by Village Law § 1-102 (5), which authorizes villages “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.”
10 East Realty, LLC v. Inc. Vill. of Valley Stream, 49 A.D.3d 764 (N.Y. App. Div. 2d Dep't 2008). · cites it 4× “of Hempstead, 186 Misc 74, 77 [1945], affd 270 App Div 898 [1946]), the State Legislature, in a subsequent enactment, authorized the sale of village property generally (see Village Law § 1-102 [1] [eff Sept. 1, 1973]), just as it has authorized the sale of property acquired for,…”
Waldo's, Inc. v. Vill. of Johnson City, 543 N.E.2d 74 (N.Y. 1989). “The proposed acquisition was plainly within the village’s statutory authority since the village is empowered to acquire title by condemnation for the purpose of laying out or widening streets and to accept conditional gifts (EDPL 207 [C] [2]; see, General Municipal Law § 74;…”
Goldberg v. Vill. of Spring Valley, 538 F. Supp. 641 (S.D.N.Y. 1982). “N.Y. Village Law § 1-102 et seq. (McKinney).”
Vill. of Webster v. Town of Webster, 270 A.D.2d 910 (N.Y. App. Div. 4th Dep't 2000). “In addition, while Village Law § 1-102 (2) sets forth various *912 powers of a village, including the ability to take real property “by gift, grant, bequest or devise” for governmental purposes, that general statute is not controlling here.”
Hudson View Park Co. v. Town of Fishkill, 283 N.E.3d 309 (N.Y. 2025). · cites it 2× “" Other localities' enabling statutes use similarly broad language: for example, Second Class Cities Law § 3 (4) and Village Law § 1-102 (5) confer the power "[t]o contract and be contracted with.”
AJM Capital II, LLC v. Inc. Vill. of Muttontown, 130 A.D.3d 1018 (N.Y. App. Div. 2d Dep't 2015). “Contrary to the Village’s contention, Village Law § 1-102 likewise did not provide the specific authorization necessary for the Village to sell a dedicated public road.”
AJM Capital II, LLC v. Inc. Vill. of Muttontown, 130 A.D.3d 1018 (N.Y. App. Div. 2d Dep't 2015). “Contrary to the Village’s contention, Village Law § 1-102 likewise did not provide the specific authorization necessary for the Village to sell a dedicated public road.”
In re Vill. of Poland, 224 A.D.2d 933 (N.Y. App. Div. 4th Dep't 1996). “The Town Law contains such an express authorization by the Legislature, but the Village Law does not (compare, Town Law § 64 [2], with Village Law § 1-102 [1]). Nevertheless, a different part of the Village Law, applicable to water works, authorizes this proceeding.”
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