2006 New York Code - Powers And Duties; Leases.

 
    § 3. Powers  and  duties;  leases.   1. The office of general services
  shall have the general care and superintendence of all state lands,  the
  superintendence  whereof  is  not  vested  in some officer or in a state
  department or a division, bureau or agency thereof.
    2. The commissioner of general services may, subject to such rules  as
  he may promulgate with the approval of the state director of the budget,
  from  time  to time, lease for terms not exceeding five years, and until
  disposed of as required by law, all  such  state  lands  which  are  not
  appropriated  to  any  immediate  use.  Such leases shall contain proper
  covenants to guard against trespass and waste. The  use  to  which  such
  leased  property  shall  be  put shall be consistent with local land use
  regulations. The commissioner also may grant  rights  and  easements  in
  perpetuity or otherwise in and to all state lands, including lands under
  water, at a price to be determined by the commissioner, and in case of a
  subsequent  sale  of  such  lands,  the  same may be sold subject to any
  rights and easements previously granted. The commissioner may,  with  or
  without  consideration  as  determined by him, release and relinquish to
  the owner  of  the  fee  title  therein,  any  rights  or  easements  in
  perpetuity  or  otherwise,  as  may  have been previously granted to the
  state. Provided, however, that where the superintendence of state  lands
  is vested in some officer or in a state department or a division, bureau
  or  agency  thereof  or in a public authority created or continued under
  the public authorities  law  the  commissioner  may  grant,  release  or
  relinquish  such  rights and easements  upon the written request of such
  officer or the head of such  department,  division,  bureau,  agency  or
  public  authority  or of an employee thereof designated for such purpose
  by such officer or head of the department, division, bureau,  agency  or
  public authority.
    3. The commissioner of general services may repair, demolish or remove
  the whole or a portion of any structure on such state lands, provided he
  has  filed  in  his  office  a  writing  specifying  the  structure  and
  certifying to the necessity of such repair, demolition or  removal.  The
  expense  of such work may be paid from any contingent funds available to
  the  commissioner,  or  from  moneys  specially  appropriated  for  such
  purposes.  If  such  work  be  done  by  contract,  the commissioner may
  dispense with advertising and bids, or either, or may cause such work to
  be done by direct employment of labor and purchase of  material  in  the
  open  market, or partly by contract and partly by such direct employment
  and purchase.
    4. Notwithstanding any  other  provision  of  this  chapter  or  other
  statute,  the  commissioner of general services, upon the application of
  any state department, or a division, bureau or agency thereof,  or  upon
  the  application  of  any  state  agency,  may  transfer  to  such state
  department,  division,  bureau,  or  agency,  or   state   agency,   the
  jurisdiction  over  any  lands,  including  lands under water, abandoned
  canal lands and salt springs  reservation  land,  upon  such  terms  and
  conditions  as  the  commissioner  may deem just and proper and upon the
  consent of the department, or a division, bureau or agency  thereof,  or
  any  state  agency,  already  having  jurisdiction  over  such lands and
  notwithstanding any other provision of this chapter  or  other  statute,
  authority  to give such consent is hereby conferred upon the head of any
  such state department, or a division, bureau or agency thereof,  or  any
  state  agency;  provided,  however,  that if the commissioner of general
  services determines that any such land under  the  jurisdiction  of  any
  state  department, or a division, bureau or agency thereof, or any state
  agency other than a public authority or public  benefit  corporation  is
  under  utilized or is not being utilized in a manner consistent with the
  best  interests  of  the  state,  such  commissioner  may  on  his   own
  initiative, and without the application or consent referred to above but
  subject  to  the  procedure and review provided in section two-a of this
  article, transfer the jurisdiction over such land  to  any  other  state
  department,  or a division, bureau or agency thereof, or any other state
  agency other than a public  authority  or  public  benefit  corporation.
  Should  such  land  be  under  the  jurisdiction of the office of mental
  health  or  the  office  of   mental   retardation   and   developmental
  disabilities  upon  which  a  community  residential  facility  for  the
  disabled as defined in section 41.34 of the mental hygiene  law  exists,
  the  commissioner  of  general services shall, prior to transferring the
  jurisdiction over  such  land  to  any  other  state  department,  or  a
  division, bureau or agency thereof, or any other state agency other than
  a  public  authority  or  public benefit corporation offer such land for
  sale at public auction pursuant to section thirty-three of this chapter;
  provided, however, that the provisions of section four  hundred  six  of
  the eminent domain procedure law shall apply to such property.
    4-a.  Notwithstanding  any  other  provision  of this chapter or other
  statute, the commissioner of general services, upon the  application  of
  any  person  or corporation, may lease to the highest responsible bidder
  furnishing the required security after advertisement for sealed bids has
  been published in a newspaper or newspapers designated for such purpose,
  for a term not to exceed ninety-nine years, to such applicant  interests
  in  real  property including but not limited to air rights, subterranean
  rights and others, when such are not needed for present public use.
    Such lease shall contain proper covenants to  assure  the  payment  of
  adequate  consideration for the interests leased, and to further protect
  the state as is deemed necessary by said commissioner.
    Where the superintendence of the interest leased  is  vested  in  some
  officer  or  in  a  state  department  or  a  division, bureau or agency
  thereof, or in a public authority created or continued under the  public
  authorities  law,  the  commissioner  may  grant  such  rights only upon
  written  request  and  conconsent  of  such  officer  or  head  of  such
  department, division, bureau or public authority.
    Said  lease  shall  not  be effective until approved as to form by the
  attorney general of the state.
    The development of any leasehold granted pursuant to this  subdivision
  shall  be  subject  to  the  zoning  regulations  and  ordinances of the
  municipality in which said property is located.
    5. The commissioner of general services may, in  accordance  with  the
  provisions  of  section  twenty-seven  of this article, acquire any real
  property deemed by  him  to  be  necessary  for  the  implementation  or
  accomplishment   of   any  statutory  purpose,  function,  operation  or
  responsibility of the commissioner or the office of general services.
    6. The commissioner of general services  may,  subject  to  the  prior
  approval  of  the  attorney general, accept unconditional grants, gifts,
  devises, bequests or  conveyances  of  title  to  or  interest  in  real
  property  to  the people of the state of New York as he deems proper for
  the purposes of the state.
    7. Notwithstanding any other provision of this article, the facilities
  development corporation may, subject to prior notice to the commissioner
  of general services by filing a  copy  of  the  proposed  instrument  of
  conveyance,  convey  an  easement in or over state-owned lands under the
  jurisdiction of the facilities development corporation for  the  use  of
  the  department  of  mental  hygiene for the connecting of a water main,
  sewer line or other public services facility with a facility of  any  of
  the  offices  of  the  department  of  mental  hygiene,  to  the  public
  corporation or the  public  services  corporation  having  ownership  or
  control  of  such  utility facility, as provided in subdivision eight of
  section five of the facilities development corporation act.