Opn. No.

David J. O'Connor, Esq. Village Attorney, Weedsport

You ask whether a village, as a condition of sale of real property, must declare it to be surplus; whether the real property must be sold at public auction or may be sold through negotiation; and whether there are any notice or advertising requirements prior to sale.

Villages have power to purchase and sell real property as required for village purposes (Village Law, § 1-102 [1]). There are no statutory guidelines for the sale of village real property. We believe that the village board may determine the method of sale, and in its discretion…