S T A T E O F N E W Y O R K
________________________________________________________________________
6465
I N S E N A T E
January 27, 2014
___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment 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
OFFICE OF GENERAL SERVICES 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 COMMISSIONER 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 NEGOTIATION FOR THE SALE THEREOF IS NOT CONCLUDED WITHIN THE SIXTY
DAY PERIOD PROVIDED THEREFOR, THE COMMISSIONER SHALL OFFER SUCH UNAPPRO-
PRIATED 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 UNAPPROPRIATED 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
MUNICIPALITY OR COUNTY FOR A PUBLIC PURPOSE AS PROVIDED IN THIS PARA-
GRAPH, 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04516-04-4
S. 6465 2
(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, 2015.