Bill Text: NY A04812 | 2021-2022 | General Assembly | Introduced
Bill Title: Establishes a right of first refusal in municipalities for state land to be sold at public auction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to governmental operations [A04812 Detail]
Download: New_York-2021-A04812-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4812 2021-2022 Regular Sessions IN ASSEMBLY February 8, 2021 ___________ Introduced by M. of A. ABINANTI -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the public lands law, in relation to establishing a right of first refusal in municipalities for state land to be sold at public auction The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 33 of the public lands law, as amended by chapter 2 360 of the laws of 1983, subdivision 2 as amended by chapter 119 of the 3 laws of 2000, paragraph (b) of subdivision 2 as amended by chapter 187 4 of the laws of 2007, subdivision 3 as separately amended by chapters 360 5 and 471 of the laws of 1983 and subdivision 5 as added by chapter 95 of 6 the laws of 2000, is amended to read as follows: 7 § 33. Sale of unappropriated state lands; right of first refusal; 8 notice and place of public sales. 1. [The] (a) Prior to the public sale 9 of unappropriated state land, the office of general services must first 10 offer to sell such land to the local governments in which it is located 11 subject to the following conditions: 12 (i) if the local government intends to use such land in perpetuity for 13 park and/or municipal recreation purposes, the commissioner of general 14 services shall offer the land to the local government for the sum of one 15 dollar; 16 (ii) if the local government intends to use such land for other munic- 17 ipal purposes, the commissioner of general services shall offer the land 18 to the local government for a sum equal to the current appraised value 19 determined by such commissioner or for no more than the same consider- 20 ation for which it is proposed to be sold to a person or private entity, 21 whichever is less; 22 (iii) the deed conveying unappropriated state land to a local govern- 23 ment pursuant to subparagraph (i) or (ii) of this paragraph shall 24 include a clause specifying the purpose for which the land is being EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01019-01-1A. 4812 2 1 conveyed and reverting the land to the state if it is not utilized for 2 the specific purpose enumerated or the specifically enumerated use ceas- 3 es; 4 (iv) the governing body of such municipality shall exercise its right 5 to purchase unappropriated state land for a purpose set forth in subpar- 6 agraph (i) or (ii) of this paragraph within ninety days after receipt of 7 such written offer from the office of general services or within any 8 greater length of time that may be provided for in a written agreement 9 between the office of general services and such local government; 10 (v) the offer to purchase any such unappropriated state land made to 11 any municipality in which such real property is situated shall not 12 constitute a right to purchase and such offer may be withdrawn by the 13 commissioner of general services at any time. 14 (b) If the unappropriated state land is located within an incorporated 15 village, the commissioner of general services shall first offer such 16 land to the incorporated village. The governing body of such village 17 shall exercise its right to purchase such land for a purpose set forth 18 in subparagraph (i) or (ii) of paragraph (a) of this subdivision within 19 ninety days after receipt of such written offer from the office of 20 general services or within any greater length of time that may be 21 provided for in a written agreement between the office of general 22 services and such village. If the incorporated village does not exercise 23 its right to purchase such land within said time frame, then the commis- 24 sioner of general services shall offer the unappropriated land for sale 25 to the town in which such land is located. 26 (c) If the unappropriated state land is located within a town but 27 outside of the borders of any incorporated village or is located in a 28 village but the village does not exercise its right as set forth in 29 paragraph (b) of this subdivision, the commissioner of general services 30 shall offer such land to the town. The governing body of such town shall 31 exercise its right to purchase such land for a purpose set forth in 32 subparagraph (i) or (ii) of paragraph (a) of this subdivision within 33 ninety days after receipt of such written offer from the office of 34 general services or within any greater length of time that may be 35 provided for in a written agreement between the office of general 36 services and such town. If the town does not exercise its right to 37 purchase such land within said time frame, then the commissioner of 38 general services shall offer the unappropriated land for sale to the 39 county in which such land is located. 40 (d) If the unappropriated state land is located within a city, the 41 commissioner of general services shall first offer such land to the 42 city. The governing body of such city shall exercise its right to 43 purchase such land for a purpose set forth in subparagraph (i) or (ii) 44 of paragraph (a) of this subdivision within ninety days after receipt of 45 such written offer from the office of general services or within any 46 greater length of time that may be provided for in a written agreement 47 between the office of general services and such city. If the city does 48 not exercise its right to purchase the unappropriated state land within 49 said time frame, then such commissioner shall offer the unappropriated 50 land for sale to the county in which such land is located. 51 (e) The governing body of such county shall exercise its right to 52 purchase unappropriated state land for a purpose set forth in subpara- 53 graph (i) or (ii) of paragraph (a) of this subdivision within ninety 54 days after receipt of such written offer from the office of general 55 services or within any greater length of time that may be provided for 56 in a written agreement between the office of general services and theA. 4812 3 1 county. If the county does not exercise its right to purchase the unap- 2 propriated state land within said time frame, then the commissioner of 3 general services may dispose of said land in accordance with all appli- 4 cable laws. 5 (f) The procedure set forth in this subdivision shall supplement any 6 other procedures in effect with regard to the sale of unappropriated 7 state land. 8 2. Subject to the provisions of subdivision one of this section, the 9 commissioner of general services may, from time to time, sell unappro- 10 priated state lands at public auction or by sealed bids in such parcels 11 as he deems for the best interests of the state. Previous to every sale, 12 he or she shall fix the lowest sum at which each lot may be sold, and 13 shall designate at least one newspaper in the county where the lands to 14 be sold are situated, in which the commissioner shall cause notice of 15 the time, place and description of sale to be published, at least once a 16 week for four weeks, successively, before the sale. Such notice need not 17 be published in any other paper or papers, and any statute requiring 18 additional publication of notices or advertisements by state officers or 19 a department, board, bureau or commission of the state shall not apply 20 to such notice. The commissioner may designate a representative of his 21 or her office to conduct such sale. All such sales shall be held at the 22 county seat of the county where the property is situated, unless other- 23 wise directed by the commissioner. 24 Upon such sales of unappropriated state land to a purchaser procured 25 by any licensed real estate broker and the payment of the purchase price 26 in the amount offered by such broker in behalf of the purchaser, the 27 commissioner of general services is authorized to pay, subject to such 28 terms and conditions as the commissioner may prescribe, a commission to 29 such broker out of monies available therefor. Uniform rates of commis- 30 sion shall, from time to time, be fixed by the commissioner but shall 31 not exceed six percentum of the purchase price. No commission shall be 32 paid for the procuring of any sale unless (1) written authority of the 33 broker to make such offer on a form acceptable to the commissioner, 34 signed by the person for whom he or she is acting, shall be filed with 35 the commissioner before the day of the sale and unless (2) the broker 36 shall furnish to the commissioner evidence in such form and extent as he 37 may require establishing that the purchaser was procured as the result 38 of the broker's services. In no event shall a broker who is paid a 39 commission by the commissioner as herein provided accept any other 40 commission or fee from any person or source for brokerage services 41 relating to the sale of such unappropriated state land. 42 [2.] 3. (a) Whenever a street or highway, including any adjacent land 43 acquired or held by the state in connection with such street or highway, 44 the title to the bed of which is in the state, shall have been legally 45 abandoned or closed, in whole or in part, the commissioner of general 46 services may sell and convey at public auction or by sealed bids at not 47 less than the appraised value, in such parcels as he or she directs, all 48 the right, title and interest of the state in such abandoned or closed 49 street or highway, or the part so abandoned or closed, and in any adja- 50 cent land acquired or held by the state in connection with such street 51 or highway; and where, in the judgment of such commissioner, a public 52 auction is not for the best interests of the state the commissioner, in 53 his or her discretion, may sell and convey such parcels of said lands at 54 private sale to the owners of adjacent lands for a price not less than 55 the appraised value and on such terms and conditions as the commissioner 56 may impose.A. 4812 4 1 (b) The commissioner of general services may sell and convey parcels 2 of unappropriated state land which (i) do not constitute legal building 3 lots in the municipality in which they are located and (ii) have an 4 appraised value of less than twenty thousand dollars each at private 5 sale to any owner of adjacent lands. Consideration for such sales shall 6 be for a price not less than the appraised value and such additional 7 terms and conditions as the commissioner may deem necessary. 8 [3.] 4. The commissioner of general services is authorized in his or 9 her discretion to sell and convey at private sale upon such terms and 10 conditions as he or she may deem proper, and to remise and quitclaim all 11 the right, title and interest of the state in and to any unappropriated 12 state lands acquired by or through tax sale where it shall appear that 13 such lands are and have been privately occupied under color of title 14 continuously for ten years or where the applicant has, in good faith, a 15 continuous chain of title going back more than ten years from the date 16 of application. Any such sale, if made, shall be to the person or 17 persons claiming title because of such occupation or under such chain of 18 title, and shall be for a consideration not less than the fair market 19 value of the state's interest as determined by the commissioner. 20 [4.] 5. Where a petition is presented to a surrogate's court of this 21 state for an order directing the sale of a decedent's real property for 22 any of the purposes provided for in section one thousand nine hundred 23 two of the surrogate's court procedure act or otherwise, and there is 24 reason to believe that such real property may have escheated to the 25 people of the state of New York, and a final judgment in an action by 26 reason of such escheat, as provided for in section two hundred [and] one 27 of the abandoned property law, has not been entered, the commissioner of 28 general services may, if it is deemed to be in the best interests of the 29 state, authorize the attorney general to consent to such order for the 30 sale of such real property, either at public auction or by sealed bids 31 or private sale. A deed thereupon executed and delivered pursuant to the 32 terms and provisions of such order, upon such consent of the attorney 33 general, shall be deemed a bar to any claim of title of the people of 34 the state of New York, by virtue of such escheat, in the property so 35 sold, but shall not be deemed to affect any rights that the people of 36 the state of New York may have in or to the proceeds of such sale. 37 Consent, however, to such an order shall not be given in the event the 38 price offered on a proposed private sale of such real property is less 39 than the appraised value thereof as determined by the commissioner of 40 general services. 41 [5.] 6. (a) The commissioner of general services may sell and convey 42 improved, unappropriated state lands by competitive solicitation of 43 offers through a request for proposals or similar method where in his or 44 her judgment, a public auction is not in the best interests of the 45 state. Such solicitation shall document the minimum qualitative and 46 quantitative factors in addition to sale price to be used as criteria in 47 the evaluation of offers and the general manner in which the evaluation 48 process and selection of the most responsive and responsible offeror is 49 to be conducted. Clarifications may be sought from offerors for purposes 50 of assuring a full understanding of responsiveness to the solicitation 51 requirements. Where provided for in the solicitation, revisions may be 52 permitted from all offerors determined to be eligible for award. 53 Disclosure of the content of competing offers, other than statistical 54 tabulations of offers received or of any clarifications or revisions 55 thereto, shall be prohibited prior to award. All offers or separable 56 parts thereof may be rejected.A. 4812 5 1 (b) Establishment of the minimum sale price for the competitive solic- 2 itation shall be based upon a certified appraisal or certified appraisal 3 report as defined in article six-E of the executive law. 4 (c) The commissioner of general services shall designate at least one 5 newspaper in the county where the lands to be offered are situate, in 6 which he or she shall cause a notice of the solicitation to be published 7 at least once a week for four weeks successively before the date set 8 forth for receipt of offers. 9 § 2. This act shall take effect immediately.
