senate Bill S1445A

Provides for the offer of state-owned real property not needed for state purposes to the municipality or county in which it is located

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 24 / Apr / 2013
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 24 / Apr / 2013
    • PRINT NUMBER 1445A
  • 10 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 10 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1177
  • 11 / Jun / 2013
    • SUBSTITUTED BY A1856

Summary

Provides for the offer of state-owned real property determined not to be needed for state purposes to the municipality in which it is located, or the county if the municipality declines; permits other disposition of the property if the municipality and county both decline.

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Bill Details

See Assembly Version of this Bill:
A1856
Versions:
S1445
S1445A
Legislative Cycle:
2013-2014
Law Section:
Public Lands Law
Laws Affected:
Amd ยง33, Pub Lds L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4423, A6247A
2009-2010: S2602, A4463C
2007-2008: A4061

Sponsor Memo

BILL NUMBER:S1445A

TITLE OF BILL: An act to amend the public lands law, in relation to
making surplus state-owned real property available to municipalities
and counties

PURPOSE OR GENERAL IDEA OF BILL: In the event the state places for
sale surplus state land, the local government where the land is
located shall be given the first opportunity to obtain such land.

SUMMARY OF SPECIFIC PROVISIONS: Amends Subdivision 1 of section 33 of
the Public Lands Law that directs any state agency placing lands up
for disposition to promptly offer the land for conveyance to the
applicable city, town or village in which the land is located the
opportunity for obtaining the property. Such local government shall
have 45 days in which to notify the state Commissioner of General
Services of its wishes of whether or not to obtain the property, and
ED days from the day of a positive notification to conclude the
negotiation of conveyance of such property with the state.

If such municipality notifies the commissioner it does not want the
property, or the conveyance transaction is not completed within 60
days, the county in which such land is located shall be afforded the
same notification and conveyance opportunity. If the county does not
want the property or does not complete the conveyance negotiation
within 60 days of notification, the property shall be disposed of as
otherwise provided by law.

JUSTIFICATION: Where 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 governments as purveyors of
land use policy. This can be accomplished by offering the land to the
municipality in which the land is located the first opportunity to
obtain such land.

PRIOR LEGISLATIVE HISTORY: 2011-12: S.4423 Senate Investigations &
Government Operations 2009-10: S.2602 Senate Investigations &
Government Operations 2008: A.4061 Passed Assembly/S.5577 Senate
Investigations & Government Operations Committee 2007: A.4061 Ordered
3rd Reading/S.5577 Senate Investigations & Government Operations
Committee 2005-06: A.3472: Assembly Governmental Operations Cmte.
2003-04: A.617-C/S.2514-C: Veto
222 2001-02: A.5821-A/S.4180-A: Passed Assembly/Senate 3rd Reading
Calendar.

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: This act shall take effect January 1, 2014.

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

                                 1445--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. FLANAGAN, SAVINO -- read twice and ordered printed,
  and when printed to be committed to the  Committee  on  Investigations
  and  Government  Operations  --  committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04516-03-3

S. 1445--A                          2

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,
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.

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