S T A T E O F N E W Y O R K
________________________________________________________________________
7943
I N S E N A T E
May 25, 2010
___________
Introduced by Sen. O. JOHNSON -- read twice and ordered printed, and
when printed to be committed to the Committee on Investigations and
Government Operations
AN ACT to amend the public lands law, in relation to authorizing the
commissioner of general services to convey unappropriated state land
to a school district or board of cooperative educational services for
public education purposes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The section heading and subdivision 1 of section 34 of the
public lands law, as amended by chapter 703 of the laws of 1994, are
amended to read as follows:
Transfer of unappropriated state lands for mental health, mental
retardation, park, recreation, playground, reforestation, PUBLIC EDUCA-
TION, street or highway purposes. 1. Such commissioner of general
services may, from time to time, transfer and convey to a city, incorpo-
rated village, town [or], county, SCHOOL DISTRICT OR BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES, in consideration of one dollar to be paid to
the state of New York, and on such terms and conditions as such commis-
sioner may impose, a part or all of any parcel or parcels of unappropri-
ated state lands upon certification that such parcel or parcels are
useful for local mental health facilities, mental retardation facili-
ties, park, recreation, playground, reforestation, PUBLIC EDUCATION,
street or highway purposes, and that they will be properly improved and
maintained for one or more of such purposes and provided that this
disposition of such parcel or parcels is not otherwise prohibited.
Certification shall be evidenced by a formal request from the board of
estimate, common council, village board OF TRUSTEES, town board [or],
county board of supervisors, BOARD OF EDUCATION, SCHOOL DISTRICT BOARD
OF TRUSTEES OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, setting forth
in detail the parcel or parcels to be released, transferred and conveyed
and the availability and usefulness of such parcel or parcels for one or
more of such purposes. In the city of New York however, certification
shall be evidenced by a formal request from the mayor. In the event that
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16816-01-0
S. 7943 2
lands transferred under the provisions of this section are not properly
improved and maintained for one or more of the purposes contemplated by
this section by the city, village, town [or], county, SCHOOL DISTRICT OR
BOARD OF COOPERATIVE EDUCATIONAL SERVICES to which they were trans-
ferred, the title thereto shall revert to the people of the state of New
York, and the attorney-general may institute an action in the supreme
court for a judgment declaring a revesting of such title in the state.
Such commissioner may also transfer any unappropriated state lands to
the office of parks, recreation and historic preservation or the depart-
ment of environmental conservation, upon the application of the commis-
sioner thereof indicating that such unappropriated state lands are
required for state park purposes within the area of jurisdiction of such
office or department.
S 2. This act shall take effect immediately.