Bill Text: NY A01856 | 2013-2014 | General Assembly | Introduced
Bill Title: Provides for the offer of state-owned real property determined not to be needed for state purposes to the municipality in which it is located, or the county if the municipality declines; permits other disposition of the property if the municipality and county both decline.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Vetoed) 2013-11-14 - tabled [A01856 Detail]
Download: New_York-2013-A01856-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1856
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. MAGNARELLI, PAULIN, GALEF -- read once and
referred to the Committee on Governmental Operations
AN ACT to amend the public lands law, in relation to making surplus
state-owned real property available to municipalities and counties
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 33 of the public lands law, as
2 amended by chapter 360 of the laws of 1983, is amended to read as
3 follows:
4 1. (A) PRIOR TO THE PUBLIC SALE OF UNAPPROPRIATED STATE LAND, THE
5 DEPARTMENT MUST FIRST OFFER TO SELL SUCH LAND FOR FAIR MARKET VALUE TO
6 THE MUNICIPALITY IN WHICH IT IS LOCATED. THE GOVERNING BODY OF SUCH
7 MUNICIPALITY SHALL HAVE FORTY-FIVE DAYS IN WHICH TO ADVISE THE COMMIS-
8 SIONER OF GENERAL SERVICES WHETHER OR NOT IT WISHES TO ACQUIRE SUCH
9 UNAPPROPRIATED STATE LAND FOR A PUBLIC PURPOSE. IF IT WISHES TO ACQUIRE
10 SUCH UNAPPROPRIATED STATE LAND, SUCH MUNICIPALITY SHALL HAVE SIXTY DAYS
11 FROM SO NOTIFYING THE COMMISSIONER IN WHICH TO CONCLUDE THE NEGOTIATION
12 OF THE SALE. IF THE MUNICIPALITY NOTIFIES THE COMMISSIONER THAT IT DOES
13 NOT WISH TO ACQUIRE SUCH UNAPPROPRIATED STATE LAND, OR IF THE NEGOTI-
14 ATION FOR THE SALE THEREOF IS NOT CONCLUDED WITHIN THE SIXTY DAY PERIOD
15 PROVIDED THEREFOR, THE COMMISSIONER SHALL OFFER SUCH UNAPPROPRIATED
16 STATE LAND FOR SALE TO THE COUNTY (EXCEPT A COUNTY WHOLLY CONTAINED
17 WITHIN A CITY) IN WHICH SUCH UNAPPROPRIATED STATE LAND IS LOCATED. THE
18 GOVERNING BODY OF SUCH COUNTY SHALL HAVE FORTY-FIVE DAYS IN WHICH TO
19 ADVISE THE COMMISSIONER WHETHER OR NOT IT WISHES TO ACQUIRE SUCH UNAP-
20 PROPRIATED STATE LAND FOR A PUBLIC PURPOSE. IF IT WISHES TO ACQUIRE SUCH
21 UNAPPROPRIATED STATE LAND, THE COUNTY SHALL HAVE SIXTY DAYS FROM SO
22 NOTIFYING THE COMMISSIONER IN WHICH TO CONCLUDE THE NEGOTIATION OF THE
23 SALE. IF SUCH UNAPPROPRIATED STATE LAND IS NOT TO BE SOLD TO A MUNICI-
24 PALITY OR COUNTY FOR A PUBLIC PURPOSE AS PROVIDED IN THIS PARAGRAPH,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04516-01-3
A. 1856 2
1 SUCH UNAPPROPRIATED STATE LAND MAY BE DISPOSED OF PURSUANT TO PARAGRAPH
2 (B) OF THIS SUBDIVISION. FOR THE PURPOSES OF THIS SECTION "MUNICIPALITY"
3 SHALL MEAN A CITY, TOWN, OR VILLAGE.
4 (B) The commissioner of general services may, from time to time, sell
5 unappropriated state lands at public auction or by sealed bids in such
6 parcels as he deems for the best interests of the state. Previous to
7 every sale, he shall fix the lowest sum at which each lot may be sold,
8 and shall designate at least one newspaper in the county where the lands
9 to be sold are situated, in which the commissioner shall cause notice of
10 the time, place and description of sale to be published, at least once a
11 week for four weeks, successively, before the sale. Such notice need not
12 be published in any other paper or papers, and any statute requiring
13 additional publication of notices or advertisements by state officers or
14 a department, board, bureau or commission of the state shall not apply
15 to such notice. The commissioner may designate a representative of his
16 office to conduct such sale. All such sales shall be held at the county
17 seat of the county where the property is situated, unless otherwise
18 directed by the commissioner.
19 Upon such sales of unappropriated state land to a purchaser procured
20 by any licensed real estate broker and the payment of the purchase price
21 in the amount offered by such broker in behalf of the purchaser, the
22 commissioner of general services is authorized to pay, subject to such
23 terms and conditions as the commissioner may prescribe, a commission to
24 such broker out of monies available therefor. Uniform rates of commis-
25 sion shall, from time to time, be fixed by the commissioner but shall
26 not exceed six percentum of the purchase price. No commission shall be
27 paid for the procuring of any sale unless (1) written authority of the
28 broker to make such offer on a form acceptable to the commissioner,
29 signed by the person for whom he is acting, shall be filed with the
30 commissioner before the day of the sale and unless (2) the broker shall
31 furnish to the commissioner evidence in such form and extent as he may
32 require establishing that the purchaser was procured as the result of
33 the broker's services. In no event shall a broker who is paid a commis-
34 sion by the commissioner as herein provided accept any other commission
35 or fee from any person or source for brokerage services relating to the
36 sale of such unappropriated state land.
37 S 2. This act shall take effect January 1, 2014.
