senate Bill S6465

2013-2014 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
Jun 02, 2014 reported and committed to finance
Jan 27, 2014 referred to investigations and government operations

Votes

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Jun 2, 2014 - Investigations and Government Operations committee Vote

S6465
9
0
committee
9
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Investigations and Government Operations Committee Vote: Jun 2, 2014

S6465 - Bill Details

Current Committee:
Law Section:
Public Lands Law
Laws Affected:
Amd ยง33, Pub Lds L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S1445A
2011-2012: S4423
2009-2010: S2602

S6465 - 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:S6465

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 opportu-
nity 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 45 days in which to notify the state Commissioner
of General Services of its wishes of whether or not to obtain the prop-
erty, and ED 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 tradi-
tional 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:

2013: S. 1445-A Veto 241;
2011-12: S.4423 Senate Investigations & Government Operations
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 & Govern-
ment 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 January 1, 2015.

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

                                  6465

                            I N  S E N A T E

                            January 27, 2014
                               ___________

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
OFFICE  OF  GENERAL SERVICES 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 COMMISSIONER 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  NEGOTIATION  FOR THE SALE THEREOF IS NOT CONCLUDED WITHIN THE SIXTY
DAY PERIOD PROVIDED THEREFOR, THE COMMISSIONER SHALL OFFER SUCH UNAPPRO-
PRIATED 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  UNAPPROPRIATED  STATE  LAND  FOR A PUBLIC PURPOSE. IF IT WISHES TO
ACQUIRE SUCH UNAPPROPRIATED 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  PARA-
GRAPH,  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04516-04-4

S. 6465                             2

  (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, 2015.

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