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Assembly Bill A6138B

Signed By Governor

2009-2010 Legislative Session

Authorizes the city of New York to sell certain property that cannot be independently developed

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Archive: Last Bill Status Via S8361 - Signed by Governor

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Bill Amendments

2009-A6138 - Details

See Senate Version of this Bill:
S8361
Law Section:
New York City Charter
Laws Affected:
Amd §384, NYC Chart

2009-A6138 - Summary

Authorizes the city of New York to sell certain property that cannot be independently developed.

2009-A6138 - Bill Text download pdf 

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

                                  6138

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2009
                               ___________

Introduced  by  M.  of A. BRENNAN, PHEFFER, SCARBOROUGH, AUBRY, MILLMAN,
  LANCMAN -- Multi-Sponsored by -- M. of A. ROBINSON --  read  once  and
  referred to the Committee on Cities

AN  ACT  to  amend the New York city charter, in relation to authorizing
  the city of New York to sell to abutting property owners real property
  owned by such city, consisting of tax lots that cannot be independent-
  ly developed due to the size, shape, configuration and  topography  of
  such lots and the zoning regulations applicable thereto

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

  Section 1. Subdivision b of section 384 of the New York  city  charter
is amended by adding a new paragraph 4-a to read as follows:
  4-A.  NOTWITHSTANDING  THE PROVISIONS OF THIS CHARTER, OR ANY GENERAL,
SPECIAL, OR LOCAL LAW TO THE CONTRARY, THE  MAYOR  MAY,  WITHOUT  PUBLIC
AUCTION  OR  SEALED  BIDS AND FOR SUCH CONSIDERATION AND UPON SUCH TERMS
AND CONDITIONS AS SHALL BE DETERMINED BY THE MAYOR TO BE IN  THE  PUBLIC
INTEREST,  AUTHORIZE THE SALE OF REAL PROPERTY OF THE CITY, EXCEPT INAL-
IENABLE PROPERTY OR ANY INTEREST THEREIN, THAT CANNOT  BE  INDEPENDENTLY
DEVELOPED,  DIRECTLY  TO  PRIVATE OWNERS OF ABUTTING PROPERTY, AND/OR AN
ENTITY OR ENTITIES COMPRISED THEREOF. FOR PURPOSES  OF  THIS  PARAGRAPH,
REAL PROPERTY THAT CANNOT BE INDEPENDENTLY DEVELOPED SHALL MEAN PROPERTY
THAT  CANNOT  BE  DEVELOPED  DUE  TO ITS SIZE, SHAPE, APPLICABLE ZONING,
CONFIGURATION, OR TOPOGRAPHY OR A COMBINATION OF SUCH FACTORS.  NO  SUCH
SALE  DIRECTLY  TO  PRIVATE  PROPERTY  OWNERS  WITHOUT PUBLIC AUCTION OR
SEALED BIDS SHALL BE AUTHORIZED UNTIL A PUBLIC  HEARING  HAS  BEEN  HELD
WITH  RESPECT  TO  SUCH SALE AFTER THE PUBLICATION OF NOTICE IN THE CITY
RECORD AT LEAST THIRTY DAYS IN ADVANCE OF SUCH HEARING.  ANY  CONVEYANCE
MAY PROVIDE FOR THE RESTRICTION OF THE USE OF SUCH REAL PROPERTY.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08694-01-9

2009-A6138A - Details

See Senate Version of this Bill:
S8361
Law Section:
New York City Charter
Laws Affected:
Amd §384, NYC Chart

2009-A6138A - Summary

Authorizes the city of New York to sell certain property that cannot be independently developed.

2009-A6138A - Sponsor Memo

2009-A6138A - Bill Text download pdf 

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

                                 6138--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2009
                               ___________

Introduced  by  M.  of A. BRENNAN, PHEFFER, SCARBOROUGH, AUBRY, MILLMAN,
  LANCMAN, ROSENTHAL, ESPAILLAT -- Multi-Sponsored by -- M. of A. NOLAN,
  ROBINSON -- read once and referred  to  the  Committee  on  Cities  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the New York city charter, in  relation  to  authorizing
  the city of New York to sell to abutting property owners real property
  owned by such city, consisting of tax lots that cannot be independent-
  ly  developed  due to the size, shape, configuration and topography of
  such lots and the zoning regulations applicable thereto; and providing
  for the repeal of such provisions upon expiration thereof

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

  Section  1.  Subdivision b of section 384 of the New York city charter
is amended by adding a new paragraph 4-a to read as follows:
  4-A. NOTWITHSTANDING THE PROVISIONS OF THIS CHARTER, OR  ANY  GENERAL,
SPECIAL,  OR  LOCAL  LAW  TO THE CONTRARY, THE MAYOR MAY, WITHOUT PUBLIC
AUCTION OR SEALED BIDS, AUTHORIZE THE SALE OF REAL PROPERTY OF THE CITY,
EXCEPT INALIENABLE PROPERTY OR ANY  INTEREST  THEREIN,  THAT  CANNOT  BE
INDEPENDENTLY  DEVELOPED, DIRECTLY TO PRIVATE OWNERS OF ABUTTING PROPER-
TY, AND/OR AN ENTITY OR ENTITIES COMPRISED THEREOF. FOR PURPOSES OF THIS
PARAGRAPH, REAL PROPERTY THAT CANNOT BE  INDEPENDENTLY  DEVELOPED  SHALL
MEAN  PROPERTY THAT CANNOT BE DEVELOPED DUE TO ITS SIZE, SHAPE, APPLICA-
BLE ZONING, CONFIGURATION OR TOPOGRAPHY, WHICH  FACTORS,  SINGLY  OR  IN
COMBINATION,  RENDER  THE  DEVELOPMENT  OF  SUCH  PROPERTY  ECONOMICALLY
IMPRACTICABLE OR INFEASIBLE. NO SUCH SALE DIRECTLY TO  PRIVATE  PROPERTY
OWNERS  SHALL  TAKE  PLACE  WITHOUT  A PUBLIC AUCTION OR SEALED BIDS (A)
UNLESS A FINDING BY THE MAYOR, BASED ON A CERTIFICATION BY  THE  COMMIS-
SIONER  OF CITYWIDE ADMINISTRATIVE SERVICES THAT INDEPENDENT DEVELOPMENT
IS ECONOMICALLY IMPRACTICABLE OR INFEASIBLE, HAS  BEEN  MADE  THAT  SUCH
SALE  IS IN THE BEST INTERESTS OF THE CITY, AND (B) UNTIL A PUBLIC HEAR-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08694-02-9

co-Sponsors

multi-Sponsors

2009-A6138B (ACTIVE) - Details

See Senate Version of this Bill:
S8361
Law Section:
New York City Charter
Laws Affected:
Amd §384, NYC Chart

2009-A6138B (ACTIVE) - Summary

Authorizes the city of New York to sell certain property that cannot be independently developed.

2009-A6138B (ACTIVE) - Bill Text download pdf 

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

                                 6138--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2009
                               ___________

Introduced  by  M.  of A. BRENNAN, PHEFFER, SCARBOROUGH, AUBRY, MILLMAN,
  LANCMAN, ROSENTHAL, ESPAILLAT -- Multi-Sponsored by -- M. of A. NOLAN,
  ROBINSON -- read once and referred  to  the  Committee  on  Cities  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee  --  recommitted  to  the  Committee  on
  Cities  in  accordance  with  Assembly  Rule  3,  sec.  2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the New York city charter, in  relation  to  authorizing
  the city of New York to sell to abutting property owners real property
  owned by such city, consisting of tax lots that cannot be independent-
  ly  developed  due to the size, shape, configuration and topography of
  such lots and the zoning regulations applicable thereto; and providing
  for the repeal of such provisions upon expiration thereof

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

  Section  1.  Subdivision b of section 384 of the New York city charter
is amended by adding a new paragraph 4-a to read as follows:
  4-A. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH ONE OF THIS  SUBDIVI-
SION,  THE  MAYOR  MAY, WITHOUT PUBLIC AUCTION OR SEALED BIDS, AUTHORIZE
THE SALE OF REAL PROPERTY OF THE CITY, EXCEPT  INALIENABLE  PROPERTY  OR
ANY  INTEREST  THEREIN, THAT CANNOT BE INDEPENDENTLY DEVELOPED, DIRECTLY
TO PRIVATE OWNERS OF ABUTTING PROPERTY, AND/OR  AN  ENTITY  OR  ENTITIES
COMPRISED  THEREOF. THE CONSIDERATION FOR A SALE OF REAL PROPERTY PURSU-
ANT TO THIS PARAGRAPH SHALL BE THE FAIR MARKET VALUE OF SUCH  PARCEL  AS
DETERMINED  BY  APPRAISAL. FOR PURPOSES OF THIS PARAGRAPH, REAL PROPERTY
THAT CANNOT BE INDEPENDENTLY DEVELOPED SHALL MEAN PROPERTY  THAT  CANNOT
BE DEVELOPED DUE TO ITS SIZE, SHAPE, APPLICABLE ZONING, CONFIGURATION OR
TOPOGRAPHY, WHICH FACTORS, SINGLY OR IN COMBINATION, RENDER THE DEVELOP-
MENT OF SUCH PROPERTY ECONOMICALLY IMPRACTICABLE OR INFEASIBLE.  NO SUCH
SALE  DIRECTLY  TO  PRIVATE  PROPERTY  OWNERS SHALL TAKE PLACE WITHOUT A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08694-04-0

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