2006 New York Code - Abandonment Of State Real Property.

 
    § 30-a. Abandonment  of  state  real property.   1. Except as to lands
  under water, salt springs lands and abandoned canal lands, the  head  of
  any  state  agency  having  custody or jurisdiction over any state-owned
  lands may determine that such lands are no longer necessary or useful to
  the purposes of such agency, and he  or  she  is  hereby  authorized  to
  declare  the  same  abandoned.  Upon  the  filing  of  a  declaration of
  abandonment of such lands with an approval thereof by  the  commissioner
  of  general  services such lands shall become unappropriated state lands
  provided, however, that no state lands, the sale or transfer of which is
  prohibited by the constitution, shall be thus  affected.  Within  thirty
  days  of approving the abandonment, the commissioner of general services
  shall publish a notice of the approval in the  state  register  and  the
  environmental  notice  bulletin,  and  send  such  a notice to the chief
  elected official of each county  and  municipality  where  the  affected
  lands are located.
    2. The commissioner of general services is authorized and empowered to
  determine  that  any state-owned real property under the jurisdiction of
  any state agency other than any real property  owned  by  or  under  the
  jurisdiction  of  any public authority or public benefit corporation, is
  under-utilized or not being utilized in a  manner  consistent  with  the
  best  interests of the state and thereupon, subject to the procedure and
  review  provided  in  section  two-a,  to  declare  such  real  property
  abandoned.
    3. Upon the filing of a declaration of abandonment by the commissioner
  of  the  office of mental health or by the commissioner of the office of
  mental retardation and developmental disabilities of  state-owned  lands
  upon  which a community residential facility for the disabled as defined
  in section 41.34 of the mental hygiene law exists, and with an  approval
  thereof by the commissioner of general services, such lands shall become
  unappropriated  state  lands;  and  prior  to  being  transferred to the
  jurisdiction of another state agency shall be offered for sale at public
  auction pursuant to section  thirty-three  of  this  article;  provided,
  however,  that the provisions of section four hundred six of the eminent
  domain procedure law shall apply to such property.
    4. Should state-owned real property  under  the  jurisdiction  of  the
  office  of  mental  health  or  the  office  of  mental  retardation and
  developmental  disabilities  and  upon  which  a  community  residential
  facility  for  the  disabled  as  defined in section 41.34 of the mental
  hygiene law exists, be declared abandoned by the commissioner of general
  services pursuant to subdivision two of this section, such real property
  shall become unappropriated state lands; and prior to being  transferred
  to  the  jurisdiction of another state agency, shall be offered for sale
  at public auction pursuant to  section  thirty-three  of  this  article;
  provided,  however,  that  the provisions of section four hundred six of
  the eminent domain procedure law shall apply to such property.
    5. As used in this section, the term "state agency" shall include  any
  department,  division, board, commission, bureau, office or other agency
  of the state.