2006 New York Code - Disposal Of Buildings And Improvements On State Lands, Or On Lands Under Lease To The State.

 
    § 10.    Disposal  of buildings and improvements on state lands, or on
  lands under lease to the state. 1. Except as provided in subdivision two
  of this section, whenever the head of any  agency,  board,  division  or
  commission,  with  the approval of the director of the budget, (a) shall
  certify to the commissioner of general services  that  any  property  on
  state  land  or  on  land  under  lease  to  the state and consisting of
  buildings with or without  fixtures  attached  thereto,  and  any  other
  improvements  upon  such lands, are unfit, not adapted or not needed for
  use by  such  agency,  board,  division  or  commission  and  (b)  shall
  recommend  for  reasons  to  be stated, that the said property should be
  disposed of, the commissioner of general services shall,  after  causing
  an  investigation  to  be  made,  dispose  of  said  property by sale or
  demolition as will best promote the public interest.  Public notice of a
  proposed sale where the value of the property to be  sold  exceeds  five
  thousand  dollars  shall  be  given  by  advertising  at least once in a
  newspaper published and having a general circulation in  the  county  in
  which  such  lands are located and in such other newspaper or newspapers
  as the commissioner of general services may deem to be  necessary.  Such
  advertisement  shall  give  a  general  description  and location of the
  property and the terms of the sale and the date on which  proposals  for
  the  same  will  be  received  by  the commissioner of general services.
  Should  any  or  all  of  the  offers  so  received  be  deemed  by  the
  commissioner of general services to be too low, he or she may dispose of
  such  property  so  advertised at private sale within ninety days of the
  opening of the bids,  provided  that  no  such  private  sale  shall  be
  consummated  at  a price lower than that submitted as a result of public
  advertising. The commissioner of general services shall  also  have  the
  power  to demolish such property either by contract or, if such property
  is located on lands which are under the jurisdiction of  the  department
  of correctional services, the work of such demolition may be done by the
  inmates  of  the  institution  where  such property is located, provided
  however that the commissioner of correctional services shall consent  to
  the employment of the inmates for the work of demolition. The provisions
  of this subdivision shall be effective notwithstanding the provisions of
  any  other  general or special law relating to the disposal of buildings
  with the fixtures attached thereto or of  any  improvements  upon  lands
  belonging  to or under lease to the state, and any such statute or parts
  thereof  relating  to  such  disposal   of   buildings,   fixtures   and
  improvements  insofar  as  they  are inconsistent with the provisions of
  this section are hereby superseded. A record of any such sale  shall  be
  filed  with  the state agency head above referred to and the proceeds of
  such sale or disposal shall be paid into the treasury of  the  state  to
  the credit of the capital projects fund.
    2.  The  provisions of subdivision one of this section shall not apply
  to any buildings or parts thereof or  to  any  other  improvements  upon
  lands  that  have  been  or  that  shall  hereafter  be  acquired by the
  commissioner  of  transportation  for  purposes   connected   with   the
  construction,  reconstruction,  improvement  or  maintenance  of a state
  highway or other duly authorized project or to any  buildings  or  parts
  thereof  or  to any other improvements upon lands that have been or that
  shall hereafter be acquired by the trustees of the state  university  of
  New  York  for purposes connected with the construction, reconstruction,
  rehabilitation,  improvement  or  maintenance  of  the   facilities   or
  installations  of the state university or other duly authorized project.
  In any such project, the commissioner of transportation or in  the  case
  of  a  duly  authorized project of the state university, the trustees of
  the state university may (a) provide in any agreement of adjustment with
  the claimant who owned such buildings or improvements for  the  disposal
  of  such  buildings  or  improvements  by  removal,  (b) provide for the
  demolition of such buildings or improvements, (c) permit, on such  terms
  as  he  or she or such trustees, as the case may be, may deem beneficial
  to  the  state,  the  temporary  use  and occupancy of such buildings or
  improvements pending prosecution of  actual  construction  work  on  the
  project,  or (d) dispose of such buildings or improvements by such other
  arrangement as the commissioner of transportation or the trustees of the
  state university, as the case may be, may deem advisable.   The  use  or
  occupancy  of any such property pursuant to any license, lease or permit
  under the provisions of this section and the right of  the  commissioner
  of  transportation  or the trustees of the state university, as the case
  may be, as agent for the  state,  to  recover  possession  of  any  such
  building  or  improvement  or  of  the property upon which it is located
  shall not be subject to the emergency housing rent control law.    Where
  it  is  necessary  to  cause  the  removal  of  an  occupant of any such
  property, the commissioner of transportation  or  the  trustees  of  the
  state  university, as the case may be, as agent for the state, may cause
  such occupant to be  removed  therefrom  and  the  immediate  possession
  thereof to be delivered to him or her or to them, as the case may be, as
  agent of the state in the same manner and by the same proceedings in the
  same  court  or  before the same judge or justice as is now or hereafter
  may be provided by law for the removal of a tenant  holding  over  after
  the  expiration  of  his  or  her  term  without  the  permission of the
  landlord.  The  proceedings  shall  be  brought  in  the  name  of   the
  commissioner  of transportation or the trustees of the state university,
  as the case may be, as agent of the state, and include as  part  of  the
  relief  a  judgment for any amounts which may be due for said occupancy.
  All monies received by the trustees of the state university pursuant  to
  this  section  shall  be  paid  into the state university income fund as
  established pursuant  to  subdivision  four  of  section  three  hundred
  fifty-five of the education law.