2006 New York Code - Sale Of Unappropriated State Lands; Notice And Place Of Public Sales.

 
    § 33. Sale  of  unappropriated state lands; notice and place of public
  sales. 1. The commissioner of general services may, from time  to  time,
  sell  unappropriated  state lands at public auction or by sealed bids in
  such parcels as he deems for the best interests of the  state.  Previous
  to  every  sale,  he  shall  fix the lowest sum at which each lot may be
  sold, and shall designate at least one newspaper in the county where the
  lands to be sold are situated, in which  the  commissioner  shall  cause
  notice  of  the  time, place and description of sale to be published, at
  least once a week for four weeks, successively, before  the  sale.  Such
  notice  need  not  be  published  in  any other paper or papers, and any
  statute requiring additional publication of notices or advertisements by
  state officers or a department, board, bureau or commission of the state
  shall not apply  to  such  notice.  The  commissioner  may  designate  a
  representative  of his office to conduct such sale. All such sales shall
  be held at the county seat of the county where the property is situated,
  unless otherwise directed by the commissioner.
    Upon such sales of unappropriated state land to a  purchaser  procured
  by any licensed real estate broker and the payment of the purchase price
  in  the  amount  offered  by such broker in behalf of the purchaser, the
  commissioner of general services is authorized to pay, subject  to  such
  terms  and conditions as the commissioner may prescribe, a commission to
  such  broker  out  of  monies  available  therefor.  Uniform  rates   of
  commission  shall,  from  time to time, be fixed by the commissioner but
  shall not exceed six percentum of  the  purchase  price.  No  commission
  shall be paid for the procuring of any sale unless (1) written authority
  of  the  broker  to  make  such  offer  on  a  form  acceptable  to  the
  commissioner, signed by the person for whom he is acting, shall be filed
  with the commissioner before the day of the  sale  and  unless  (2)  the
  broker  shall  furnish  to  the  commissioner  evidence in such form and
  extent as he may require establishing that the purchaser was procured as
  the result of the broker's services. In no event shall a broker  who  is
  paid  a  commission  by  the  commissioner as herein provided accept any
  other commission or fee from any person or source for brokerage services
  relating to the sale of such unappropriated state land.
    2. (a) Whenever a street  or  highway,  including  any  adjacent  land
  acquired or held by the state in connection with such street or highway,
  the  title  to the bed of which is in the state, shall have been legally
  abandoned or closed, in whole or in part, the  commissioner  of  general
  services  may sell and convey at public auction or by sealed bids at not
  less than the appraised value, in such parcels as he  directs,  all  the
  right,  title  and  interest  of  the  state in such abandoned or closed
  street or highway, or the part  so  abandoned  or  closed,  and  in  any
  adjacent  land  acquired  or  held  by the state in connection with such
  street or highway; and where, in the judgment of  such  commissioner,  a
  public  auction  is  not  for  the  best  interests  of  the  state  the
  commissioner, in his discretion, may sell and  convey  such  parcels  of
  said  lands  at private sale to the owners of adjacent lands for a price
  not less than the appraised value and on such terms  and  conditions  as
  the commissioner may impose.
    (b)  The  commissioner of general services may sell and convey parcels
  of unappropriated state land which (i) do not constitute legal  building
  lots  in  the  municipality  in  which they are located and (ii) have an
  appraised value of less than ten thousand dollars each at  private  sale
  to  any  owner  of adjacent lands. Consideration for such sales shall be
  for a price not less than the appraised value and such additional  terms
  and conditions as the commissioner may deem necessary.
    3.   The  commissioner  of  general  services  is  authorized  in  his
  discretion to sell and convey  at  private  sale  upon  such  terms  and
  conditions  as  he  may deem proper, and to remise and quitclaim all the
  right, title and interest of the state  in  and  to  any  unappropriated
  state  lands  acquired by or through tax sale where it shall appear that
  such  lands  are  and  have been privately occupied under color of title
  continuously for ten years or where the applicant has, in good faith,  a
  continuous  chain  of title going back more than ten years from the date
  of application. Any such sale, if  made,  shall  be  to  the  person  or
  persons claiming title because of such occupation or under such chain of
  title,  and  shall  be for a consideration not less than the fair market
  value of the state's interest as determined by the commissioner.
    4. Where a petition is presented to a surrogate's court of this  state
  for an order directing the sale of a decedent's real property for any of
  the  purposes  provided  for in section one thousand nine hundred two of
  the surrogate's court procedure act or otherwise, and there is reason to
  believe that such real property may have escheated to the people of  the
  state  of  New York, and a final judgment in an action by reason of such
  escheat, as provided for in section two hundred and one of the abandoned
  property law, has not been entered, the commissioner of general services
  may, if it is deemed to be in the best interests of the state, authorize
  the attorney general to consent to such order for the sale of such  real
  property,  either at public auction or by sealed bids or private sale. A
  deed  thereupon  executed  and  delivered  pursuant  to  the  terms  and
  provisions  of  such  order,  upon such consent of the attorney general,
  shall be deemed a bar to any claim of title of the people of  the  state
  of  New  York,  by  virtue of such escheat, in the property so sold, but
  shall not be deemed to affect any rights that the people of the state of
  New York may have in or to the proceeds of such sale. Consent,  however,
  to  such an order shall not be given in the event the price offered on a
  proposed private sale of such real property is less than  the  appraised
  value thereof as determined by the commissioner of general services.
    5.  (a)  The  commissioner  of  general  services  may sell and convey
  improved, unappropriated state  lands  by  competitive  solicitation  of
  offers through a request for proposals or similar method where in his or
  her  judgment,  a  public  auction  is  not in the best interests of the
  state. Such solicitation shall  document  the  minimum  qualitative  and
  quantitative factors in addition to sale price to be used as criteria in
  the  evaluation of offers and the general manner in which the evaluation
  process and selection of the most responsive and responsible offeror  is
  to be conducted. Clarifications may be sought from offerors for purposes
  of  assuring  a full understanding of responsiveness to the solicitation
  requirements. Where provided for in the solicitation, revisions  may  be
  permitted  from  all  offerors  determined  to  be  eligible  for award.
  Disclosure of the content of competing offers,  other  than  statistical
  tabulations  of  offers  received  or of any clarifications or revisions
  thereto, shall be prohibited prior to award.  All  offers  or  separable
  parts thereof may be rejected.
    (b)  Establishment  of  the  minimum  sale  price  for the competitive
  solicitation shall be based upon  a  certified  appraisal  or  certified
  appraisal report as defined in article six-E of the executive law.
    (c)  The commissioner of general services shall designate at least one
  newspaper in the county where the lands to be offered  are  situate,  in
  which he or she shall cause a notice of the solicitation to be published
  at  least  once  a  week for four weeks successively before the date set
  forth for receipt of offers.