NY State Senate Bill 2023-S59

Senate Bill S59

2023-2024 Legislative Session

Establishes a right of first refusal in municipalities for state land to be sold at public auction

download bill text pdf

Current Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 21, 2024	reported and committed to finance
Jan 03, 2024	referred to investigations and government operations
Jan 04, 2023	referred to investigations and government operations

Votes

- May 21, 2024 - Investigations And Government Operations Committee Vote
  S59
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: May 21, 2024
      
      aye (7)
      
      Fernandez
      
      Gounardes
      
      Hoylman-Sigal
      
      O'Mara
      
      Palumbo
      
      Sepúlveda
      
      Skoufis

2023-S59 (ACTIVE) - Details

See Assembly Version of this Bill:: A6970
Current Committee:: Senate Finance
Law Section:: Public Lands Law
Laws Affected:: Amd §33, Pub Lds L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A8806
2013-2014: A1226
2015-2016: A183
2017-2018: A346
2019-2020: S3681, A1598
2021-2022: S1212, A4812

2023-S59 (ACTIVE) - Summary

Establishes a right of first refusal in municipalities for state land to be sold at public auction.

2023-S59 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S59

SPONSOR: HARCKHAM
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires the local government where state land is located be given the
first opportunity to acquire the land when it is offered for sale.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends section 33 of the public lands law, as
amended, to provide that:

(1) When the state offers unappropriated state land for sale, the land
shall first be offered to the local governments in which the land is
located subject to certain conditions, including:

a. If the local government intends to use the land for park and/or
municipal recreation purposes, the land shall be offered to the local
government for one dollar;

b. If the local governMent intends to use the land for other municipal
purposes, the land shall be offered to the local government for the
lesser of the current appraised value or the amount for which it is
proposed to be sold;

c. The deed conveying unappropriated state land shall include a clause
specifying the purpose for which the land is being conveyed and revert-
ing the land to the state if it is not utilized for the specific .
purpose enumerated or the specifically enumerated use ceases; and

d. The municipality shall exercise its right to purchase within ninety
days after receipt of the written offer;

(2) The unappropriated state land shall first be offered to the smallest
municipal government in which the land is located, then to the next
largest, as follows:

a. If the land is within an incorporated village, first to the village;

b. If the village declines or if the land is located outside of any
village but within a town, to the town;

c. If the town declines, to the county in which it is located;

d. If the land is within a city, first to the city. If the city
declines, then to the county in which the land is located;

(3) If none of the local governments purchase the land, then the land
may be disposed of in accordance with all applicable laws;



(4) The procedure set forth in this subdivision shall supplement any
other procedures in effect with regard to the sale of unappropriated
state land.

Section 2 states the effective date.

 
JUSTIFICATION:

Local governments face increasing difficulty in acquiring land for open
space, parks, and general municipal uses due to high cost and limited
availability. This bill assists local governments in meeting these
needs.

Further, local communities often become accustomed to and rely on the
existing use of state lands when making land use decisions for the
surrounding community. When the state determines land it owns is not
needed for state purposes and plans to dispose of such property, it
should recognize the traditional role of local government as purveyors
of land use policy and offer local governments the first right to
purchase the land.

This affords the opportunity to acquire open space that enhances the
community's quality of life and maintains the scenic beauty and environ-
mental integrity of the community, or develop the land for municipal or
recreational purposes supported by and benefiting the residents.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S1212/A4812 - Died in Investigations and Governmental
Operations/Died in Governmental Operations

2019-2020: S3681/A1598 - Died in Investigations and Governmental
Operations/Died in Governmental Operations

2017-2018:A346 -Died in Governmental Operations

2015-2016:A183 -Died in Governmental Operations

2013-2014:A1226- Died in Governmental Operations

2011-2012:A8806- Died in Governmental Operations

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S59 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    59
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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  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 702
 of the laws of 2022, 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:
   § 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01530-01-3

 S. 59                               2
 
   (III) THE DEED CONVEYING UNAPPROPRIATED STATE LAND TO A LOCAL  GOVERN-
 MENT  PURSUANT  TO  SUBPARAGRAPH  (I)  OR  (II)  OF THIS PARAGRAPH SHALL
 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
 S. 59                               3
 
 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 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] PER CENTUM of the purchase price. No commis-
 sion 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
 S. 59                               4
 
 private  sale  to the owners of adjacent lands for a price not less than
 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 fifty 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
 S. 59                               5
 
 tabulations  of  offers  received  or of any clarifications or revisions
 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.
   § 2. This act shall take effect immediately.

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