2006 New York Code - Payment Of Incumbrances On Public Lands; Adverse Claims; Costs.

 
    § 17. Payment  of incumbrances on public lands; adverse claims; costs.
  The commissioner of general services, whenever he deems it for the  best
  interest of the state may cause to be paid off and canceled any charges,
  assessments, or incumbrances, other than the lien of a tax under article
  ten  of  the tax law, existing on any lands belonging to the state or in
  which the  state  has  an  interest,  or  may  acquire  any  outstanding
  undivided  interest  in such lands adverse to the title of the state, to
  perfect in the state a title to  any  such  lands,  or  to  protect  the
  state's  interest therein.   Payments for any such purpose shall be made
  from the state treasury, on the certificate of the commissioner and  the
  audit  and  warrant of the comptroller, out of moneys available therefor
  by appropriation.  Where the claim of title of the  state  to  any  land
  within  the Adirondack or Catskill parks or adjacent thereto is based on
  a tax sale,  the  conservation  department,  with  the  consent  of  the
  commissioner  and  subject  to  the  approval  of  the  governor and the
  attorney-general, may,  pursuant  to  the  provisions  of  chapter  five
  hundred  and  sixty-nine of the laws of nineteen hundred and sixteen and
  acts supplemental thereto and amendatory thereof, and chapter sixteen of
  the laws of nineteen hundred twenty-six, whenever there  is  an  adverse
  claim  or  claims  of title to such lands, acquire by purchase a deed or
  conveyance of  such  lands  from  the  person  or  persons  so  claiming
  adversely  on such terms and conditions as such state officials may deem
  for the best interests of the state and to  avoid  litigation.    In  an
  action for partition of or to foreclose a mortgage on such lands wherein
  the  commissioner  is so empowered, the plaintiffs shall not be entitled
  to costs if the people of the state are made a party  defendant,  unless
  the  commissioner  after  a  full presentation of the facts to him shall
  have determined before such action is brought against the state that the
  interests of the state did not warrant  his  making  an  order  for  the
  payment  or  cancellation  of such mortgage, lien or incumbrance, or any
  amount due thereon, or for the acquisition of any outstanding  undivided
  interest  adverse  to  the state, or pursuant to this section, or unless
  the commissioner shall have failed to  make  such  determination  within
  three  months after such full presentation of facts shall have been made
  to  him  by  a  verified  statement  in  writing,  and  filed  with  the
  commissioner at his office in the city of Albany, nor unless a certified
  copy  of  the  designated commissioners' report of partition, and of the
  referee's or sheriff's report of sale, in case of a sale, filed  in  the
  action  shall have been duly served upon the attorney-general; and in no
  such case wherein the people are made a party defendant  because  of  an
  interest  other than the lien of a tax under article ten of the tax law,
  shall any additional  allowance  under  sections  fourteen  hundred  and
  seventy-four  or fourteen hundred and seventy-five of the civil practice
  act be made to the plaintiff.