Assembly Bill A6247A

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

                                 6247--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 10, 2011
                               ___________

Introduced  by  M. of A. MAGNARELLI, PAULIN, GALEF -- Multi-Sponsored by
  -- M. of A.  McENENY -- read once and referred  to  the  Committee  on
  Governmental  Operations  --  recommitted  to the Committee on Govern-
  mental Operations 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04483-03-2
              

A. 6247--A                          2

NOTIFYING  THE  COMMISSIONER IN WHICH TO CONCLUDE THE NEGOTIATION OF THE
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, 2013.