§ 30-a. Abandonment of state real property. 1. Except as to lands
under water, salt springs lands and abandoned canal lands, the head of
any state agency having custody or jurisdiction over any state-owned
lands may determine that such lands are no longer necessary or useful to
the purposes of such agency, and he or she is hereby authorized to
declare the same abandoned. Upon the filing of a declaration of
abandonment of such lands with an approval thereof by the commissioner
of general services such lands shall become unappropriated state lands
provided, however, that no state lands, the sale or transfer of which is
prohibited by the constitution, shall be thus affected. Within thirty
days of approving the abandonment, the commissioner of general services
shall publish a notice of the approval in the state register and the
environmental notice bulletin, and send such a notice to the chief
elected official of each county and municipality where the affected
lands are located.

2. The commissioner of general services is authorized and empowered to
determine that any state-owned real property under the jurisdiction of
any state agency other than any real property owned by or under the
jurisdiction of any public authority or public benefit corporation, is
under-utilized or not being utilized in a manner consistent with the
best interests of the state and thereupon, subject to the procedure and
review provided in section two-a, to declare such real property
abandoned.

3. Upon the filing of a declaration of abandonment by the commissioner
of the office of mental health or by the commissioner of the office for
people with developmental disabilities of state-owned lands upon which a
community residential facility for the disabled as defined in section
41.34 of the mental hygiene law exists, and with an approval thereof by
the commissioner of general services, such lands shall become
unappropriated state lands; and prior to being transferred to the
jurisdiction of another state agency shall be offered for sale at public
auction pursuant to section thirty-three of this article; provided,
however, that the provisions of section four hundred six of the eminent
domain procedure law shall apply to such property.

4. Should state-owned real property under the jurisdiction of the
office of mental health or the office for people with developmental
disabilities and upon which a community residential facility for the
disabled as defined in section 41.34 of the mental hygiene law exists,
be declared abandoned by the commissioner of general services pursuant
to subdivision two of this section, such real property shall become
unappropriated state lands; and prior to being transferred to the
jurisdiction of another state agency, shall be offered for sale at
public auction pursuant to section thirty-three of this article;
provided, however, that the provisions of section four hundred six of
the eminent domain procedure law shall apply to such property.

5. As used in this section, the term "state agency" shall include any
department, division, board, commission, bureau, office or other agency
of the state.