S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1226

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee on Governmental Operations

AN  ACT  to  amend  the  public lands law, in relation to establishing a
  right of first refusal in municipalities for state land to be sold  at
  public auction

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 33 of the public lands law, as amended  by  chapter
360  of the laws of 1983, subdivision 2 as amended by chapter 119 of the
laws of 2000, paragraph (b) of subdivision 2 as amended by  chapter  187
of the laws of 2007, subdivision 3 as separately amended by chapters 360
and  471 of the laws of 1983 and subdivision 5 as added by chapter 95 of
the laws of 2000, is amended to read as follows:
  S 33. Sale of unappropriated state  lands;  RIGHT  OF  FIRST  REFUSAL;
notice  and place of public sales. 1. [The] (A) PRIOR TO THE PUBLIC SALE
OF UNAPPROPRIATED STATE LAND, THE OFFICE OF GENERAL SERVICES MUST  FIRST
OFFER  TO SELL SUCH LAND TO THE LOCAL GOVERNMENTS IN WHICH IT IS LOCATED
SUBJECT TO THE FOLLOWING CONDITIONS:
  (I) IF THE LOCAL GOVERNMENT INTENDS TO USE SUCH LAND IN PERPETUITY FOR
PARK AND/OR MUNICIPAL RECREATION PURPOSES, THE COMMISSIONER  OF  GENERAL
SERVICES SHALL OFFER THE LAND TO THE LOCAL GOVERNMENT FOR THE SUM OF ONE
DOLLAR;
  (II) IF THE LOCAL GOVERNMENT INTENDS TO USE SUCH LAND FOR OTHER MUNIC-
IPAL PURPOSES, THE COMMISSIONER OF GENERAL SERVICES SHALL OFFER THE LAND
TO  THE  LOCAL GOVERNMENT FOR A SUM EQUAL TO THE CURRENT APPRAISED VALUE
DETERMINED BY SUCH COMMISSIONER OR FOR NO MORE THAN THE  SAME  CONSIDER-
ATION FOR WHICH IT IS PROPOSED TO BE SOLD TO A PERSON OR PRIVATE ENTITY,
WHICHEVER IS LESS;
  (III)  THE DEED CONVEYING UNAPPROPRIATED STATE LAND TO A LOCAL GOVERN-
MENT PURSUANT TO SUBPARAGRAPH  (I)  OR  (II)  OF  THIS  PARAGRAPH  SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03641-01-3

A. 1226                             2

INCLUDE  A  CLAUSE  SPECIFYING  THE  PURPOSE FOR WHICH THE LAND IS BEING
CONVEYED AND REVERTING THE LAND TO THE STATE IF IT IS NOT  UTILIZED  FOR
THE SPECIFIC PURPOSE ENUMERATED OR THE SPECIFICALLY ENUMERATED USE CEAS-
ES;
  (IV)  THE GOVERNING BODY OF SUCH MUNICIPALITY SHALL EXERCISE ITS RIGHT
TO PURCHASE UNAPPROPRIATED STATE LAND FOR A PURPOSE SET FORTH IN SUBPAR-
AGRAPH (I) OR (II) OF THIS PARAGRAPH WITHIN NINETY DAYS AFTER RECEIPT OF
SUCH WRITTEN OFFER FROM THE OFFICE OF GENERAL  SERVICES  OR  WITHIN  ANY
GREATER  LENGTH  OF TIME THAT MAY BE PROVIDED FOR IN A WRITTEN AGREEMENT
BETWEEN THE OFFICE OF GENERAL SERVICES AND SUCH LOCAL GOVERNMENT;
  (V) THE OFFER TO PURCHASE ANY SUCH UNAPPROPRIATED STATE LAND  MADE  TO
ANY  MUNICIPALITY  IN  WHICH  SUCH  REAL  PROPERTY IS SITUATED SHALL NOT
CONSTITUTE A RIGHT TO PURCHASE AND SUCH OFFER MAY BE  WITHDRAWN  BY  THE
COMMISSIONER OF GENERAL SERVICES AT ANY TIME.
  (B) IF THE UNAPPROPRIATED STATE LAND IS LOCATED WITHIN AN INCORPORATED
VILLAGE,  THE  COMMISSIONER  OF  GENERAL SERVICES SHALL FIRST OFFER SUCH
LAND TO THE INCORPORATED VILLAGE. THE GOVERNING  BODY  OF  SUCH  VILLAGE
SHALL  EXERCISE  ITS RIGHT TO PURCHASE SUCH LAND FOR A PURPOSE SET FORTH
IN SUBPARAGRAPH (I) OR (II) OF PARAGRAPH (A) OF THIS SUBDIVISION  WITHIN
NINETY  DAYS  AFTER  RECEIPT  OF  SUCH  WRITTEN OFFER FROM THE OFFICE OF
GENERAL SERVICES OR WITHIN ANY  GREATER  LENGTH  OF  TIME  THAT  MAY  BE
PROVIDED  FOR  IN  A  WRITTEN  AGREEMENT  BETWEEN  THE OFFICE OF GENERAL
SERVICES AND SUCH VILLAGE. IF THE INCORPORATED VILLAGE DOES NOT EXERCISE
ITS RIGHT TO PURCHASE SUCH LAND WITHIN SAID TIME FRAME, THEN THE COMMIS-
SIONER OF GENERAL SERVICES SHALL OFFER THE UNAPPROPRIATED LAND FOR  SALE
TO THE TOWN IN WHICH SUCH LAND IS LOCATED.
  (C)  IF  THE  UNAPPROPRIATED  STATE  LAND IS LOCATED WITHIN A TOWN BUT
OUTSIDE OF THE BORDERS OF ANY INCORPORATED VILLAGE OR IS  LOCATED  IN  A
VILLAGE  BUT  THE  VILLAGE  DOES  NOT EXERCISE ITS RIGHT AS SET FORTH IN
PARAGRAPH (B) OF THIS SUBDIVISION, THE COMMISSIONER OF GENERAL  SERVICES
SHALL OFFER SUCH LAND TO THE TOWN. THE GOVERNING BODY OF SUCH TOWN SHALL
EXERCISE  ITS  RIGHT  TO  PURCHASE  SUCH LAND FOR A PURPOSE SET FORTH IN
SUBPARAGRAPH (I) OR (II) OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  WITHIN
NINETY  DAYS  AFTER  RECEIPT  OF  SUCH  WRITTEN OFFER FROM THE OFFICE OF
GENERAL SERVICES OR WITHIN ANY  GREATER  LENGTH  OF  TIME  THAT  MAY  BE
PROVIDED  FOR  IN  A  WRITTEN  AGREEMENT  BETWEEN  THE OFFICE OF GENERAL
SERVICES AND SUCH TOWN. IF THE TOWN  DOES  NOT  EXERCISE  ITS  RIGHT  TO
PURCHASE  SUCH  LAND  WITHIN  SAID  TIME FRAME, THEN THE COMMISSIONER OF
GENERAL SERVICES SHALL OFFER THE UNAPPROPRIATED LAND  FOR  SALE  TO  THE
COUNTY IN WHICH SUCH LAND IS LOCATED.
  (D)  IF  THE  UNAPPROPRIATED  STATE LAND IS LOCATED WITHIN A CITY, THE
COMMISSIONER OF GENERAL SERVICES SHALL FIRST  OFFER  SUCH  LAND  TO  THE
CITY.  THE  GOVERNING  BODY  OF  SUCH  CITY  SHALL EXERCISE ITS RIGHT TO
PURCHASE SUCH LAND FOR A PURPOSE SET FORTH IN SUBPARAGRAPH (I)  OR  (II)
OF PARAGRAPH (A) OF THIS SUBDIVISION WITHIN NINETY DAYS AFTER RECEIPT OF
SUCH  WRITTEN  OFFER  FROM  THE OFFICE OF GENERAL SERVICES OR WITHIN ANY
GREATER LENGTH OF TIME THAT MAY BE PROVIDED FOR IN A  WRITTEN  AGREEMENT
BETWEEN  THE  OFFICE OF GENERAL SERVICES AND SUCH CITY. IF THE CITY DOES
NOT EXERCISE ITS RIGHT TO PURCHASE THE UNAPPROPRIATED STATE LAND  WITHIN
SAID  TIME  FRAME, THEN SUCH COMMISSIONER SHALL OFFER THE UNAPPROPRIATED
LAND FOR SALE TO THE COUNTY IN WHICH SUCH LAND IS LOCATED.
  (E) THE GOVERNING BODY OF SUCH COUNTY  SHALL  EXERCISE  ITS  RIGHT  TO
PURCHASE  UNAPPROPRIATED  STATE LAND FOR A PURPOSE SET FORTH IN SUBPARA-
GRAPH (I) OR (II) OF PARAGRAPH (A) OF  THIS  SUBDIVISION  WITHIN  NINETY
DAYS  AFTER  RECEIPT  OF  SUCH  WRITTEN OFFER FROM THE OFFICE OF GENERAL
SERVICES OR WITHIN ANY GREATER LENGTH OF TIME THAT MAY BE  PROVIDED  FOR

A. 1226                             3

IN  A  WRITTEN  AGREEMENT BETWEEN THE OFFICE OF GENERAL SERVICES AND THE
COUNTY. IF THE COUNTY DOES NOT EXERCISE ITS RIGHT TO PURCHASE THE  UNAP-
PROPRIATED  STATE  LAND WITHIN SAID TIME FRAME, THEN THE COMMISSIONER OF
GENERAL  SERVICES MAY DISPOSE OF SAID LAND IN ACCORDANCE WITH ALL APPLI-
CABLE LAWS.
  (F) THE PROCEDURE SET FORTH IN THIS SUBDIVISION SHALL  SUPPLEMENT  ANY
OTHER  PROCEDURES  IN  EFFECT  WITH REGARD TO THE SALE OF UNAPPROPRIATED
STATE LAND.
  2. SUBJECT TO THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,  THE
commissioner  of  general services may, from time to time, sell unappro-
priated 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  OR  SHE  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
OR  HER office to conduct such sale. All such sales shall be held at the
county seat of the county where the property is situated, unless  other-
wise 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 OR SHE 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
commission 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.
  [2.] 3. (a) Whenever a street or highway, including any adjacent  land
acquired or held by the state in connection with such street or highway,
the  title  to the bed of which is in the state, shall have been legally
abandoned or closed, in whole or in part, the  commissioner  of  general
services  may sell and convey at public auction or by sealed bids at not
less than the appraised value, in such parcels as he OR SHE directs, all
the right, title and interest of the state in such abandoned  or  closed
street  or highway, or the part so abandoned or closed, and in any adja-
cent land acquired or held by the state in connection with  such  street
or  highway;  and  where, in the judgment of such commissioner, a public
auction is not for the best interests of the state the commissioner,  in
his OR HER discretion, may sell and convey such parcels of said lands at
private  sale  to the owners of adjacent lands for a price not less than

A. 1226                             4

the appraised value and on such terms and conditions as the commissioner
may impose.
  (b)  The  commissioner of general services may sell and convey parcels
of unappropriated state land which (i) do not constitute legal  building
lots  in  the  municipality  in  which they are located and (ii) have an
appraised value of less than twenty thousand  dollars  each  at  private
sale  to any owner of adjacent lands. Consideration for such sales shall
be for a price not less than the appraised  value  and  such  additional
terms and conditions as the commissioner may deem necessary.
  [3.]  4.  The commissioner of general services is authorized in his OR
HER discretion to sell and convey at private sale upon  such  terms  and
conditions as he OR SHE may deem proper, and to remise and quitclaim all
the  right, title and interest of the state in and to any unappropriated
state lands acquired by or through tax sale where it shall  appear  that
such  lands  are  and  have been privately occupied under color of title
continuously for ten years or where the applicant has, in good faith,  a
continuous  chain  of title going back more than ten years from the date
of application. Any such sale, if  made,  shall  be  to  the  person  or
persons claiming title because of such occupation or under such chain of
title,  and  shall  be for a consideration not less than the fair market
value of the state's interest as determined by the commissioner.
  [4.] 5. Where a petition is presented to a surrogate's court  of  this
state  for an order directing the sale of a decedent's real property for
any of the purposes provided for in section one  thousand  nine  hundred
two  of  the  surrogate's court procedure act or otherwise, and there is
reason to believe that such real property  may  have  escheated  to  the
people  of  the  state of New York, and a final judgment in an action by
reason of such escheat, as provided for in section two hundred  and  one
of the abandoned property law, has not been entered, the commissioner of
general services may, if it is deemed to be in the best interests of the
state,  authorize  the attorney general to consent to such order for the
sale of such real property, either at public auction or by  sealed  bids
or private sale. A deed thereupon executed and delivered pursuant to the
terms  and  provisions  of such order, upon such consent of the attorney
general, shall be deemed a bar to any claim of title of  the  people  of
the  state  of  New  York, by virtue of such escheat, in the property so
sold, but shall not be deemed to affect any rights that  the  people  of
the  state  of  New  York  may  have in or to the proceeds of such sale.
Consent, however, to such an order shall not be given in the  event  the
price  offered  on a proposed private sale of such real property is less
than the appraised value thereof as determined by  the  commissioner  of
general services.
  [5.]  6.  (a) The commissioner of general services may sell and convey
improved, unappropriated state  lands  by  competitive  solicitation  of
offers through a request for proposals or similar method where in his or
her  judgment,  a  public  auction  is  not in the best interests of the
state. Such solicitation shall  document  the  minimum  qualitative  and
quantitative factors in addition to sale price to be used as criteria in
the  evaluation of offers and the general manner in which the evaluation
process and selection of the most responsive and responsible offeror  is
to be conducted. Clarifications may be sought from offerors for purposes
of  assuring  a full understanding of responsiveness to the solicitation
requirements. Where provided for in the solicitation, revisions  may  be
permitted  from  all  offerors  determined  to  be  eligible  for award.
Disclosure of the content of competing offers,  other  than  statistical
tabulations  of  offers  received  or of any clarifications or revisions

A. 1226                             5

thereto, shall be prohibited prior to award.  All  offers  or  separable
parts thereof may be rejected.
  (b) Establishment of the minimum sale price for the competitive solic-
itation shall be based upon a certified appraisal or certified appraisal
report as defined in article six-E of the executive law.
  (c)  The commissioner of general services shall designate at least one
newspaper in the county where the lands to be offered  are  situate,  in
which he or she shall cause a notice of the solicitation to be published
at  least  once  a  week for four weeks successively before the date set
forth for receipt of offers.
  S 2. This act shall take effect immediately.