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:

  Section 1. Subdivision 1 of section 33 of the  public  lands  law,  as
amended  by  chapter  360  of  the  laws  of 1983, is amended to read as
follows:
  1. (A) PRIOR TO THE PUBLIC SALE  OF  UNAPPROPRIATED  STATE  LAND,  THE
DEPARTMENT  MUST  FIRST OFFER TO SELL SUCH LAND FOR FAIR MARKET VALUE TO
THE MUNICIPALITY IN WHICH IT IS LOCATED.  THE  GOVERNING  BODY  OF  SUCH
MUNICIPALITY  SHALL  HAVE FORTY-FIVE DAYS IN WHICH TO ADVISE THE COMMIS-
SIONER OF GENERAL SERVICES WHETHER OR NOT  IT  WISHES  TO  ACQUIRE  SUCH
UNAPPROPRIATED  STATE LAND FOR A PUBLIC PURPOSE. IF IT WISHES TO ACQUIRE
SUCH UNAPPROPRIATED STATE LAND, SUCH MUNICIPALITY SHALL HAVE SIXTY  DAYS
FROM  SO NOTIFYING THE COMMISSIONER IN WHICH TO CONCLUDE THE NEGOTIATION
OF THE SALE. IF THE MUNICIPALITY NOTIFIES THE COMMISSIONER THAT IT  DOES
NOT  WISH  TO  ACQUIRE SUCH UNAPPROPRIATED STATE LAND, OR IF THE NEGOTI-
ATION FOR THE SALE THEREOF IS NOT CONCLUDED WITHIN THE SIXTY DAY  PERIOD
PROVIDED  THEREFOR,  THE  COMMISSIONER  SHALL  OFFER SUCH UNAPPROPRIATED
STATE LAND FOR SALE TO THE COUNTY  (EXCEPT  A  COUNTY  WHOLLY  CONTAINED
WITHIN  A  CITY) IN WHICH SUCH UNAPPROPRIATED STATE LAND IS LOCATED. THE
GOVERNING BODY OF SUCH COUNTY SHALL HAVE FORTY-FIVE  DAYS  IN  WHICH  TO
ADVISE  THE  COMMISSIONER WHETHER OR NOT IT WISHES TO ACQUIRE SUCH UNAP-
PROPRIATED STATE LAND FOR A PUBLIC PURPOSE. IF IT WISHES TO ACQUIRE SUCH
UNAPPROPRIATED STATE LAND, THE COUNTY SHALL  HAVE  SIXTY  DAYS  FROM  SO
NOTIFYING  THE  COMMISSIONER IN WHICH TO CONCLUDE THE NEGOTIATION OF THE
SALE. IF SUCH UNAPPROPRIATED STATE LAND IS NOT TO BE SOLD TO  A  MUNICI-
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

SUCH UNAPPROPRIATED STATE LAND MAY BE DISPOSED OF PURSUANT TO  PARAGRAPH
(B) OF THIS SUBDIVISION. FOR THE PURPOSES OF THIS SECTION "MUNICIPALITY"
SHALL MEAN A CITY, TOWN, OR VILLAGE.
  (B)  The commissioner of general services may, from time to time, sell
unappropriated state lands at public auction or by sealed bids  in  such
parcels  as  he  deems  for the best interests of the state. Previous to
every sale, he shall fix the lowest sum at which each lot may  be  sold,
and shall designate at least one newspaper in the county where the lands
to be sold are situated, in which the commissioner shall cause notice of
the time, place and description of sale to be published, at least once a
week for four weeks, successively, before the sale. Such notice need not
be  published  in  any  other paper or papers, and any statute requiring
additional publication of notices or advertisements by state officers or
a department, board, bureau or commission of the state shall  not  apply
to  such  notice. The commissioner may designate a representative of his
office to conduct such sale. All such sales shall be held at the  county
seat  of  the  county  where  the property is situated, unless otherwise
directed by the commissioner.
  Upon such sales of unappropriated state land to a  purchaser  procured
by any licensed real estate broker and the payment of the purchase price
in  the  amount  offered  by such broker in behalf of the purchaser, the
commissioner of general services is authorized to pay, subject  to  such
terms  and conditions as the commissioner may prescribe, a commission to
such broker out of monies available therefor. Uniform rates  of  commis-
sion  shall,  from  time to time, be fixed by the commissioner but shall
not exceed six percentum of the purchase price. No commission  shall  be
paid  for  the procuring of any sale unless (1) written authority of the
broker to make such offer on a  form  acceptable  to  the  commissioner,
signed  by  the  person  for  whom he is acting, shall be filed with the
commissioner before the day of the sale and unless (2) the broker  shall
furnish  to  the commissioner evidence in such form and extent as he may
require establishing that the purchaser was procured as  the  result  of
the  broker's services. In no event shall a broker who is paid a commis-
sion by the commissioner as herein provided accept any other  commission
or  fee from any person or source for brokerage services relating to the
sale of such unappropriated state land.
  S 2. This act shall take effect January 1, 2014.