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.
LBD01019-01-1
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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 the
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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.
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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.
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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.