senate Bill S4423

2011-2012 Legislative Session

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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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to investigations and government operations
Apr 05, 2011 referred to investigations and government operations

S4423 - Bill Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Lands Law
Laws Affected:
Amd ยง33, Pub Lds L
Versions Introduced in 2009-2010 Legislative Session:
S2602

S4423 - Bill Texts

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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 NUMBER:S4423

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 30 days in which to notify the state Commissioner of General
Services of its wishes of whether or not to obtain the property, and
60 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:

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 immediately.

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

                                  4423

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 5, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

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 THIRTY DAYS IN WHICH TO ADVISE THE COMMISSIONER
OF GENERAL SERVICES WHETHER OR NOT IT WISHES TO ACQUIRE SUCH UNAPPROPRI-
ATED STATE LAND FOR A PUBLIC PURPOSE. IF IT WISHES TO ACQUIRE SUCH UNAP-
PROPRIATED 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 NEGOTIATION
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 THIRTY DAYS IN WHICH TO  ADVISE
THE COMMISSIONER WHETHER OR NOT IT WISHES TO ACQUIRE SUCH UNAPPROPRIATED
STATE  LAND  FOR A PUBLIC PURPOSE. IF IT WISHES TO ACQUIRE SUCH UNAPPRO-
PRIATED STATE LAND, THE COUNTY SHALL HAVE SIXTY DAYS FROM  SO  NOTIFYING
THE  COMMISSIONER  IN  WHICH TO CONCLUDE THE NEGOTIATION OF THE SALE. IF
SUCH UNAPPROPRIATED STATE LAND IS NOT TO BE SOLD TO  A  MUNICIPALITY  OR
COUNTY FOR A PUBLIC PURPOSE AS PROVIDED IN THIS PARAGRAPH, SUCH UNAPPRO-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04483-02-1

S. 4423                             2

PRIATED  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] PER CENTUM of the purchase price. No  commis-
sion  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 commission 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 immediately.

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