Bill Text: NY S01212 | 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 INVESTIGATIONS AND GOVERNMENT OPERATIONS [S01212 Detail]

Download: New_York-2021-S01212-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1212

                               2021-2022 Regular Sessions

                    IN SENATE

                                     January 8, 2021
                                       ___________

        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 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01019-01-1

        S. 1212                             2

     1  include a clause specifying the purpose for  which  the  land  is  being
     2  conveyed  and  reverting the land to the state if it is not utilized for
     3  the specific purpose enumerated or the specifically enumerated use ceas-
     4  es;
     5    (iv)  the governing body of such municipality shall exercise its right
     6  to purchase unappropriated state land for a purpose set forth in subpar-
     7  agraph (i) or (ii) of this paragraph within ninety days after receipt of
     8  such written offer from the office of general  services  or  within  any
     9  greater  length  of time that may be provided for in a written agreement
    10  between the office of general services and such local government;
    11    (v) the offer to purchase any such unappropriated state land  made  to
    12  any  municipality  in  which  such  real  property is situated shall not
    13  constitute a right to purchase and such offer may be  withdrawn  by  the
    14  commissioner of general services at any time.
    15    (b) If the unappropriated state land is located within an incorporated
    16  village,  the  commissioner  of  general services shall first offer such
    17  land to the incorporated village. The governing  body  of  such  village
    18  shall  exercise  its right to purchase such land for a purpose set forth
    19  in subparagraph (i) or (ii) of paragraph (a) of this subdivision  within
    20  ninety  days  after  receipt  of  such  written offer from the office of
    21  general services or within any  greater  length  of  time  that  may  be
    22  provided  for  in  a  written  agreement  between  the office of general
    23  services and such village. If the incorporated village does not exercise
    24  its right to purchase such land within said time frame, then the commis-
    25  sioner of general services shall offer the unappropriated land for  sale
    26  to the town in which such land is located.
    27    (c)  If  the  unappropriated  state  land is located within a town but
    28  outside of the borders of any incorporated village or is  located  in  a
    29  village  but  the  village  does  not exercise its right as set forth in
    30  paragraph (b) of this subdivision, the commissioner of general  services
    31  shall offer such land to the town. The governing body of such town shall
    32  exercise  its  right  to  purchase  such land for a purpose set forth in
    33  subparagraph (i) or (ii) of paragraph (a)  of  this  subdivision  within
    34  ninety  days  after  receipt  of  such  written offer from the office of
    35  general services or within any  greater  length  of  time  that  may  be
    36  provided  for  in  a  written  agreement  between  the office of general
    37  services and such town. If the town  does  not  exercise  its  right  to
    38  purchase  such  land  within  said  time frame, then the commissioner of
    39  general services shall offer the unappropriated land  for  sale  to  the
    40  county in which such land is located.
    41    (d)  If  the  unappropriated  state land is located within a city, the
    42  commissioner of general services shall first  offer  such  land  to  the
    43  city.  The  governing  body  of  such  city  shall exercise its right to
    44  purchase such land for a purpose set forth in subparagraph (i)  or  (ii)
    45  of paragraph (a) of this subdivision within ninety days after receipt of
    46  such  written  offer  from  the office of general services or within any
    47  greater length of time that may be provided for in a  written  agreement
    48  between  the  office of general services and such city. If the city does
    49  not exercise its right to purchase the unappropriated state land  within
    50  said  time  frame, then such commissioner shall offer the unappropriated
    51  land for sale to the county in which such land is located.
    52    (e) The governing body of such county  shall  exercise  its  right  to
    53  purchase  unappropriated  state land for a purpose set forth in subpara-
    54  graph (i) or (ii) of paragraph (a) of  this  subdivision  within  ninety
    55  days  after  receipt  of  such  written offer from the office of general
    56  services or within any greater length of time that may be  provided  for

        S. 1212                             3

     1  in  a  written  agreement between the office of general services and the
     2  county. If the county does not exercise its right to purchase the  unap-
     3  propriated  state  land within said time frame, then the commissioner of
     4  general  services may dispose of said land in accordance with all appli-
     5  cable laws.
     6    (f) The procedure set forth in this subdivision shall  supplement  any
     7  other  procedures  in  effect  with regard to the sale of unappropriated
     8  state land.
     9    2. Subject to the provisions of subdivision one of this  section,  the
    10  commissioner  of  general services may, from time to time, sell unappro-
    11  priated state lands at public auction or by sealed bids in such  parcels
    12  as he deems for the best interests of the state. Previous to every sale,
    13  he  or  she  shall fix the lowest sum at which each lot may be sold, and
    14  shall designate at least one newspaper in the county where the lands  to
    15  be  sold  are  situated, in which the commissioner shall cause notice of
    16  the time, place and description of sale to be published, at least once a
    17  week for four weeks, successively, before the sale. Such notice need not
    18  be published in any other paper or papers,  and  any  statute  requiring
    19  additional publication of notices or advertisements by state officers or
    20  a  department,  board, bureau or commission of the state shall not apply
    21  to such notice. The commissioner may designate a representative  of  his
    22  or  her office to conduct such sale. All such sales shall be held at the
    23  county seat of the county where the property is situated, unless  other-
    24  wise directed by the commissioner.
    25    Upon  such  sales of unappropriated state land to a purchaser procured
    26  by any licensed real estate broker and the payment of the purchase price
    27  in the amount offered by such broker in behalf  of  the  purchaser,  the
    28  commissioner  of  general services is authorized to pay, subject to such
    29  terms and conditions as the commissioner may prescribe, a commission  to
    30  such  broker  out of monies available therefor. Uniform rates of commis-
    31  sion shall, from time to time, be fixed by the  commissioner  but  shall
    32  not  exceed  six percentum of the purchase price. No commission shall be
    33  paid for the procuring of any sale unless (1) written authority  of  the
    34  broker  to  make  such  offer  on a form acceptable to the commissioner,
    35  signed by the person for whom he or she is acting, shall be  filed  with
    36  the  commissioner  before  the day of the sale and unless (2) the broker
    37  shall furnish to the commissioner evidence in such form and extent as he
    38  may require establishing that the purchaser was procured as  the  result
    39  of  the  broker's  services.  In  no  event shall a broker who is paid a
    40  commission by the commissioner  as  herein  provided  accept  any  other
    41  commission  or  fee  from  any  person  or source for brokerage services
    42  relating to the sale of such unappropriated state land.
    43    [2.] 3. (a) Whenever a street or highway, including any adjacent  land
    44  acquired or held by the state in connection with such street or highway,
    45  the  title  to the bed of which is in the state, shall have been legally
    46  abandoned or closed, in whole or in part, the  commissioner  of  general
    47  services  may sell and convey at public auction or by sealed bids at not
    48  less than the appraised value, in such parcels as he or she directs, all
    49  the right, title and interest of the state in such abandoned  or  closed
    50  street  or highway, or the part so abandoned or closed, and in any adja-
    51  cent land acquired or held by the state in connection with  such  street
    52  or  highway;  and  where, in the judgment of such commissioner, a public
    53  auction is not for the best interests of the state the commissioner,  in
    54  his or her discretion, may sell and convey such parcels of said lands at
    55  private  sale  to the owners of adjacent lands for a price not less than

        S. 1212                             4

     1  the appraised value and on such terms and conditions as the commissioner
     2  may impose.
     3    (b)  The  commissioner of general services may sell and convey parcels
     4  of unappropriated state land which (i) do not constitute legal  building
     5  lots  in  the  municipality  in  which they are located and (ii) have an
     6  appraised value of less than twenty thousand  dollars  each  at  private
     7  sale  to any owner of adjacent lands. Consideration for such sales shall
     8  be for a price not less than the appraised  value  and  such  additional
     9  terms and conditions as the commissioner may deem necessary.
    10    [3.]  4.  The commissioner of general services is authorized in his or
    11  her discretion to sell and convey at private sale upon  such  terms  and
    12  conditions as he or she may deem proper, and to remise and quitclaim all
    13  the  right, title and interest of the state in and to any unappropriated
    14  state lands acquired by or through tax sale where it shall  appear  that
    15  such  lands  are  and  have been privately occupied under color of title
    16  continuously for ten years or where the applicant has, in good faith,  a
    17  continuous  chain  of title going back more than ten years from the date
    18  of application. Any such sale, if  made,  shall  be  to  the  person  or
    19  persons claiming title because of such occupation or under such chain of
    20  title,  and  shall  be for a consideration not less than the fair market
    21  value of the state's interest as determined by the commissioner.
    22    [4.] 5. Where a petition is presented to a surrogate's court  of  this
    23  state  for an order directing the sale of a decedent's real property for
    24  any of the purposes provided for in section one  thousand  nine  hundred
    25  two  of  the  surrogate's court procedure act or otherwise, and there is
    26  reason to believe that such real property  may  have  escheated  to  the
    27  people  of  the  state of New York, and a final judgment in an action by
    28  reason of such escheat, as provided for in section two hundred [and] one
    29  of the abandoned property law, has not been entered, the commissioner of
    30  general services may, if it is deemed to be in the best interests of the
    31  state, authorize the attorney general to consent to such order  for  the
    32  sale  of  such real property, either at public auction or by sealed bids
    33  or private sale. A deed thereupon executed and delivered pursuant to the
    34  terms and provisions of such order, upon such consent  of  the  attorney
    35  general,  shall  be  deemed a bar to any claim of title of the people of
    36  the state of New York, by virtue of such escheat,  in  the  property  so
    37  sold,  but  shall  not be deemed to affect any rights that the people of
    38  the state of New York may have in or  to  the  proceeds  of  such  sale.
    39  Consent,  however,  to such an order shall not be given in the event the
    40  price offered on a proposed private sale of such real property  is  less
    41  than  the  appraised  value thereof as determined by the commissioner of
    42  general services.
    43    [5.] 6. (a) The commissioner of general services may sell  and  convey
    44  improved,  unappropriated  state  lands  by  competitive solicitation of
    45  offers through a request for proposals or similar method where in his or
    46  her judgment, a public auction is not  in  the  best  interests  of  the
    47  state.  Such  solicitation  shall  document  the minimum qualitative and
    48  quantitative factors in addition to sale price to be used as criteria in
    49  the evaluation of offers and the general manner in which the  evaluation
    50  process  and selection of the most responsive and responsible offeror is
    51  to be conducted. Clarifications may be sought from offerors for purposes
    52  of assuring a full understanding of responsiveness to  the  solicitation
    53  requirements.  Where  provided for in the solicitation, revisions may be
    54  permitted from  all  offerors  determined  to  be  eligible  for  award.
    55  Disclosure  of  the  content of competing offers, other than statistical
    56  tabulations of offers received or of  any  clarifications  or  revisions

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     1  thereto,  shall  be  prohibited  prior to award. All offers or separable
     2  parts thereof may be rejected.
     3    (b) Establishment of the minimum sale price for the competitive solic-
     4  itation shall be based upon a certified appraisal or certified appraisal
     5  report as defined in article six-E of the executive law.
     6    (c)  The commissioner of general services shall designate at least one
     7  newspaper in the county where the lands to be offered  are  situate,  in
     8  which he or she shall cause a notice of the solicitation to be published
     9  at  least  once  a  week for four weeks successively before the date set
    10  forth for receipt of offers.
    11    § 2. This act shall take effect immediately.
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