2012 New York Consolidated Laws
PBB - Public Buildings
Article 2 - (2 - 24) COMMISSIONER OF GENERAL SERVICES
10 - 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 corrections and community supervision, 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  corrections  and
  community supervision 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.