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Assembly Bill A9857A

Signed By Governor

2011-2012 Legislative Session

Relates to disposal of real property to cure encroachments

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Archive: Last Bill Status - Signed by Governor

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Bill Amendments

2011-A9857 - Details

See Senate Version of this Bill:
S6690
Law Section:
Public Authorities Law
Laws Affected:
Amd §2897, Pub Auth L

2011-A9857 - Summary

Relates to disposal of real property to cure encroachments.

2011-A9857 - Bill Text download pdf 

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

                                  9857

                          I N  A S S E M B L Y

                             April 18, 2012
                               ___________

Introduced  by M. of A. BRENNAN -- (at request of the Thruway Authority)
  -- read once and referred to the Committee on  Corporations,  Authori-
  ties and Commissions

AN  ACT to amend the public authorities law, in relation to the disposal
  of real property to cure encroachments

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

  Section 1. Subdivision 6 of section 2897 of the public authorities law
is amended by adding a new paragraph e to read as follows:
  E.  DISPOSALS AND CONTRACTS FOR DISPOSAL OF REAL PROPERTY BY THE CANAL
CORPORATION MAY BE MADE BY NEGOTIATED SALE RATHER  THAN  PUBLIC  AUCTION
PROVIDED THAT ALL OF THE FOLLOWING CONDITIONS HAVE BEEN SATISFIED:
  (I)  THE  CANAL CORPORATION HAS DETERMINED THAT: SUCH REAL PROPERTY IS
NO LONGER NECESSARY OR USEFUL TO THE PURPOSES OF THE CANAL  CORPORATION;
DISPOSAL  OF  SUCH REAL PROPERTY COMPLIES WITH ALL APPLICABLE PROVISIONS
OF THE CANAL LAW; AND DISPOSAL OF SUCH REAL  PROPERTY  IS  IN  THE  BEST
INTEREST OF THE CANAL CORPORATION;
  (II)  THE  FAIR  MARKET  VALUE  OF  SUCH REAL PROPERTY IS GREATER THAN
FIFTEEN THOUSAND DOLLARS BUT  NOT  GREATER  THAN  SEVENTY-FIVE  THOUSAND
DOLLARS;
  (III)  SUCH  REAL PROPERTY WAS IMPROVED PRIOR TO APRIL FIRST, NINETEEN
HUNDRED NINETY-TWO, IN GOOD FAITH, OR UNDER A PERMIT ISSUED PURSUANT  TO
SECTION  ONE  HUNDRED OF THE CANAL LAW, THEREBY CREATING AN ENCROACHMENT
ON CANAL CORPORATION REAL PROPERTY;
  (IV) THE PURCHASER OF SUCH REAL PROPERTY IS, OR WILL BE, THE OWNER  OF
THE  IMPROVEMENT  THAT  EITHER  FULLY  OR  PARTIALLY ENCROACHES ON CANAL
CORPORATION REAL PROPERTY; AND
  (V) THE CONSIDERATION PAID FOR SUCH REAL PROPERTY  WILL  BE  NOT  LESS
THAN  THE FAIR MARKET VALUE OF THE REAL PROPERTY EXCLUSIVE OF THE VALUE,
FAIR MARKET OR OTHERWISE, OF THE ENCROACHING IMPROVEMENTS.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14550-02-2

2011-A9857A (ACTIVE) - Details

See Senate Version of this Bill:
S6690
Law Section:
Public Authorities Law
Laws Affected:
Amd §2897, Pub Auth L

2011-A9857A (ACTIVE) - Summary

Relates to disposal of real property to cure encroachments.

2011-A9857A (ACTIVE) - Bill Text download pdf 

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

                                 9857--A

                          I N  A S S E M B L Y

                             April 18, 2012
                               ___________

Introduced  by M. of A. BRENNAN -- (at request of the Thruway Authority)
  -- read once and referred to the Committee on  Corporations,  Authori-
  ties  and  Commissions  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public authorities law, in relation to the  disposal
  of real property to cure encroachments

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

  Section 1. Subdivision 6 of section 2897 of the public authorities law
is amended by adding a new paragraph e to read as follows:
  E. DISPOSALS AND CONTRACTS FOR DISPOSAL OF REAL PROPERTY BY THE  CANAL
CORPORATION  MAY  BE  MADE BY NEGOTIATED SALE RATHER THAN PUBLIC AUCTION
PROVIDED THAT ALL OF THE FOLLOWING CONDITIONS HAVE BEEN SATISFIED:
  (I) THE CANAL CORPORATION HAS DETERMINED THAT: SUCH REAL  PROPERTY  IS
NO  LONGER NECESSARY OR USEFUL TO THE PURPOSES OF THE CANAL CORPORATION;
DISPOSAL OF SUCH REAL PROPERTY COMPLIES WITH ALL  APPLICABLE  PROVISIONS
OF  THE  CANAL  LAW;  AND  DISPOSAL OF SUCH REAL PROPERTY IS IN THE BEST
INTEREST OF THE CANAL CORPORATION;
  (II) AN APPRAISAL OF THE FAIR MARKET VALUE OF SUCH PROPERTY  HAS  BEEN
MADE BY AN INDEPENDENT APPRAISER AND INCLUDED IN THE RECORD OF THE TRAN-
SACTION;
  (III)  THE  FAIR  MARKET  VALUE  OF SUCH REAL PROPERTY IS GREATER THAN
FIFTEEN THOUSAND DOLLARS BUT  NOT  GREATER  THAN  SEVENTY-FIVE  THOUSAND
DOLLARS;
  (IV)  SUCH  REAL  PROPERTY WAS IMPROVED PRIOR TO APRIL FIRST, NINETEEN
HUNDRED NINETY-TWO UNDER A MUNICIPAL PERMIT OR A PERMIT ISSUED  PURSUANT
TO  SECTION  ONE HUNDRED OF THE CANAL LAW, THEREBY CREATING AN ENCROACH-
MENT ON CANAL CORPORATION REAL PROPERTY;
  (V) THE PURCHASER OF SUCH REAL PROPERTY IS, OR WILL BE, THE  OWNER  OF
THE  IMPROVEMENT  THAT  EITHER  FULLY  OR  PARTIALLY ENCROACHES ON CANAL
CORPORATION REAL PROPERTY; AND
  (VI) THE CONSIDERATION PAID FOR SUCH REAL PROPERTY WILL  BE  NOT  LESS
THAN  THE FAIR MARKET VALUE OF THE REAL PROPERTY EXCLUSIVE OF THE VALUE,
FAIR MARKET OR OTHERWISE, OF THE ENCROACHING IMPROVEMENTS.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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