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.
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 45 days in which to notify the state Commissioner of General Services of its wishes of whether or not to obtain the property, 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 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: 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 & 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 January 1, 2014.
STATE OF NEW YORK ________________________________________________________________________ 1445--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. FLANAGAN, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- 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 NOTIFYING THE COMMISSIONER IN WHICH TO CONCLUDE THE NEGOTIATION OF THEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04516-03-3 S. 1445--A 2
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, 2014.