Bill Text: NY S00059 | 2023-2024 | 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) 2024-05-21 - REPORTED AND COMMITTED TO FINANCE [S00059 Detail]
Download: New_York-2023-S00059-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 59 2023-2024 Regular Sessions IN SENATE (Prefiled) January 4, 2023 ___________ Introduced by Sen. HARCKHAM -- 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 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 702 4 of the laws of 2022, 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; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01530-01-3S. 59 2 1 (iii) the deed conveying unappropriated state land to a local govern- 2 ment pursuant to subparagraph (i) or (ii) of this paragraph shall 3 include a clause specifying the purpose for which the land is being 4 conveyed and reverting the land to the state if it is not utilized for 5 the specific purpose enumerated or the specifically enumerated use ceas- 6 es; 7 (iv) the governing body of such municipality shall exercise its right 8 to purchase unappropriated state land for a purpose set forth in subpar- 9 agraph (i) or (ii) of this paragraph within ninety days after receipt of 10 such written offer from the office of general services or within any 11 greater length of time that may be provided for in a written agreement 12 between the office of general services and such local government; 13 (v) the offer to purchase any such unappropriated state land made to 14 any municipality in which such real property is situated shall not 15 constitute a right to purchase and such offer may be withdrawn by the 16 commissioner of general services at any time. 17 (b) If the unappropriated state land is located within an incorporated 18 village, the commissioner of general services shall first offer such 19 land to the incorporated village. The governing body of such village 20 shall exercise its right to purchase such land for a purpose set forth 21 in subparagraph (i) or (ii) of paragraph (a) of this subdivision within 22 ninety days after receipt of such written offer from the office of 23 general services or within any greater length of time that may be 24 provided for in a written agreement between the office of general 25 services and such village. If the incorporated village does not exercise 26 its right to purchase such land within said time frame, then the commis- 27 sioner of general services shall offer the unappropriated land for sale 28 to the town in which such land is located. 29 (c) If the unappropriated state land is located within a town but 30 outside of the borders of any incorporated village or is located in a 31 village but the village does not exercise its right as set forth in 32 paragraph (b) of this subdivision, the commissioner of general services 33 shall offer such land to the town. The governing body of such town shall 34 exercise its right to purchase such land for a purpose set forth in 35 subparagraph (i) or (ii) of paragraph (a) of this subdivision within 36 ninety days after receipt of such written offer from the office of 37 general services or within any greater length of time that may be 38 provided for in a written agreement between the office of general 39 services and such town. If the town does not exercise its right to 40 purchase such land within said time frame, then the commissioner of 41 general services shall offer the unappropriated land for sale to the 42 county in which such land is located. 43 (d) If the unappropriated state land is located within a city, the 44 commissioner of general services shall first offer such land to the 45 city. The governing body of such city shall exercise its right to 46 purchase such land for a purpose set forth in subparagraph (i) or (ii) 47 of paragraph (a) of this subdivision within ninety days after receipt of 48 such written offer from the office of general services or within any 49 greater length of time that may be provided for in a written agreement 50 between the office of general services and such city. If the city does 51 not exercise its right to purchase the unappropriated state land within 52 said time frame, then such commissioner shall offer the unappropriated 53 land for sale to the county in which such land is located. 54 (e) The governing body of such county shall exercise its right to 55 purchase unappropriated state land for a purpose set forth in subpara- 56 graph (i) or (ii) of paragraph (a) of this subdivision within ninetyS. 59 3 1 days after receipt of such written offer from the office of general 2 services or within any greater length of time that may be provided for 3 in a written agreement between the office of general services and the 4 county. If the county does not exercise its right to purchase the unap- 5 propriated state land within said time frame, then the commissioner of 6 general services may dispose of said land in accordance with all appli- 7 cable laws. 8 (f) The procedure set forth in this subdivision shall supplement any 9 other procedures in effect with regard to the sale of unappropriated 10 state land. 11 2. Subject to the provisions of subdivision one of this section, the 12 commissioner of general services may, from time to time, sell unappro- 13 priated state lands at public auction or by sealed bids in such parcels 14 as he deems for the best interests of the state. Previous to every sale, 15 he or she shall fix the lowest sum at which each lot may be sold, and 16 shall designate at least one newspaper in the county where the lands to 17 be sold are situated, in which the commissioner shall cause notice of 18 the time, place and description of sale to be published, at least once a 19 week for four weeks, successively, before the sale. Such notice need not 20 be published in any other paper or papers, and any statute requiring 21 additional publication of notices or advertisements by state officers or 22 a department, board, bureau or commission of the state shall not apply 23 to such notice. The commissioner may designate a representative of his 24 or her office to conduct such sale. All such sales shall be held at the 25 county seat of the county where the property is situated, unless other- 26 wise directed by the commissioner. 27 Upon such sales of unappropriated state land to a purchaser procured 28 by any licensed real estate broker and the payment of the purchase price 29 in the amount offered by such broker in behalf of the purchaser, the 30 commissioner of general services is authorized to pay, subject to such 31 terms and conditions as the commissioner may prescribe, a commission to 32 such broker out of monies available therefor. Uniform rates of commis- 33 sion shall, from time to time, be fixed by the commissioner but shall 34 not exceed six [percentum] per centum of the purchase price. No commis- 35 sion shall be paid for the procuring of any sale unless (1) written 36 authority of the broker to make such offer on a form acceptable to the 37 commissioner, signed by the person for whom he or she is acting, shall 38 be filed with the commissioner before the day of the sale and unless (2) 39 the broker shall furnish to the commissioner evidence in such form and 40 extent as he may require establishing that the purchaser was procured as 41 the result of the broker's services. In no event shall a broker who is 42 paid a commission by the commissioner as herein provided accept any 43 other commission or fee from any person or source for brokerage services 44 relating to the sale of such unappropriated state land. 45 [2.] 3. (a) Whenever a street or highway, including any adjacent land 46 acquired or held by the state in connection with such street or highway, 47 the title to the bed of which is in the state, shall have been legally 48 abandoned or closed, in whole or in part, the commissioner of general 49 services may sell and convey at public auction or by sealed bids at not 50 less than the appraised value, in such parcels as he or she directs, all 51 the right, title and interest of the state in such abandoned or closed 52 street or highway, or the part so abandoned or closed, and in any adja- 53 cent land acquired or held by the state in connection with such street 54 or highway; and where, in the judgment of such commissioner, a public 55 auction is not for the best interests of the state the commissioner, in 56 his or her discretion, may sell and convey such parcels of said lands atS. 59 4 1 private sale to the owners of adjacent lands for a price not less than 2 the appraised value and on such terms and conditions as the commissioner 3 may impose. 4 (b) The commissioner of general services may sell and convey parcels 5 of unappropriated state land which (i) do not constitute legal building 6 lots in the municipality in which they are located and (ii) have an 7 appraised value of less than fifty thousand dollars each at private sale 8 to any owner of adjacent lands. Consideration for such sales shall be 9 for a price not less than the appraised value and such additional terms 10 and conditions as the commissioner may deem necessary. 11 [3.] 4. The commissioner of general services is authorized in his or 12 her discretion to sell and convey at private sale upon such terms and 13 conditions as he or she may deem proper, and to remise and quitclaim all 14 the right, title and interest of the state in and to any unappropriated 15 state lands acquired by or through tax sale where it shall appear that 16 such lands are and have been privately occupied under color of title 17 continuously for ten years or where the applicant has, in good faith, a 18 continuous chain of title going back more than ten years from the date 19 of application. Any such sale, if made, shall be to the person or 20 persons claiming title because of such occupation or under such chain of 21 title, and shall be for a consideration not less than the fair market 22 value of the state's interest as determined by the commissioner. 23 [4.] 5. Where a petition is presented to a surrogate's court of this 24 state for an order directing the sale of a decedent's real property for 25 any of the purposes provided for in section one thousand nine hundred 26 two of the surrogate's court procedure act or otherwise, and there is 27 reason to believe that such real property may have escheated to the 28 people of the state of New York, and a final judgment in an action by 29 reason of such escheat, as provided for in section two hundred [and] one 30 of the abandoned property law, has not been entered, the commissioner of 31 general services may, if it is deemed to be in the best interests of the 32 state, authorize the attorney general to consent to such order for the 33 sale of such real property, either at public auction or by sealed bids 34 or private sale. A deed thereupon executed and delivered pursuant to the 35 terms and provisions of such order, upon such consent of the attorney 36 general, shall be deemed a bar to any claim of title of the people of 37 the state of New York, by virtue of such escheat, in the property so 38 sold, but shall not be deemed to affect any rights that the people of 39 the state of New York may have in or to the proceeds of such sale. 40 Consent, however, to such an order shall not be given in the event the 41 price offered on a proposed private sale of such real property is less 42 than the appraised value thereof as determined by the commissioner of 43 general services. 44 [5.] 6. (a) The commissioner of general services may sell and convey 45 improved, unappropriated state lands by competitive solicitation of 46 offers through a request for proposals or similar method where in his or 47 her judgment, a public auction is not in the best interests of the 48 state. Such solicitation shall document the minimum qualitative and 49 quantitative factors in addition to sale price to be used as criteria in 50 the evaluation of offers and the general manner in which the evaluation 51 process and selection of the most responsive and responsible offeror is 52 to be conducted. Clarifications may be sought from offerors for purposes 53 of assuring a full understanding of responsiveness to the solicitation 54 requirements. Where provided for in the solicitation, revisions may be 55 permitted from all offerors determined to be eligible for award. 56 Disclosure of the content of competing offers, other than statisticalS. 59 5 1 tabulations of offers received or of any clarifications or revisions 2 thereto, shall be prohibited prior to award. All offers or separable 3 parts thereof may be rejected. 4 (b) Establishment of the minimum sale price for the competitive solic- 5 itation shall be based upon a certified appraisal or certified appraisal 6 report as defined in article six-E of the executive law. 7 (c) The commissioner of general services shall designate at least one 8 newspaper in the county where the lands to be offered are situate, in 9 which he or she shall cause a notice of the solicitation to be published 10 at least once a week for four weeks successively before the date set 11 forth for receipt of offers. 12 § 2. This act shall take effect immediately.
