STATE OF NEW YORK ________________________________________________________________________ 3052 2025-2026 Regular Sessions IN SENATE January 23, 2025 ___________ Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the public lands law, in relation to establishing a right of first refusal in municipalities for state land to be sold at public auction The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 33 of the public lands law, as amended by chapter 2 360 of the laws of 1983, subdivision 2 as amended by chapter 119 of the 3 laws of 2000, paragraph (b) of subdivision 2 as amended by chapter 702 4 of the laws of 2022, subdivision 3 as separately amended by chapters 360 5 and 471 of the laws of 1983 and subdivision 5 as added by chapter 95 of 6 the laws of 2000, is amended to read as follows: 7 § 33. Sale of unappropriated state lands; right of first refusal; 8 notice and place of public sales. 1. [The] (a) Prior to the public sale 9 of unappropriated state land, the office of general services must first 10 offer to sell such land to the local governments in which it is located 11 subject to the following conditions: 12 (i) if the local government intends to use such land in perpetuity for 13 park and/or municipal recreation purposes, the commissioner of general 14 services shall offer the land to the local government for the sum of one 15 dollar; 16 (ii) if the local government intends to use such land for other munic- 17 ipal purposes, the commissioner of general services shall offer the land 18 to the local government for a sum equal to the current appraised value 19 determined by such commissioner or for no more than the same consider- 20 ation for which it is proposed to be sold to a person or private entity, 21 whichever is less; 22 (iii) the deed conveying unappropriated state land to a local govern- 23 ment pursuant to subparagraph (i) or (ii) of this paragraph shall EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02865-01-5
S. 3052 2 1 include a clause specifying the purpose for which the land is being 2 conveyed and reverting the land to the state if it is not utilized for 3 the specific purpose enumerated or the specifically enumerated use ceas- 4 es; 5 (iv) the governing body of such municipality shall exercise its right 6 to purchase unappropriated state land for a purpose set forth in subpar- 7 agraph (i) or (ii) of this paragraph within ninety days after receipt of 8 such written offer from the office of general services or within any 9 greater length of time that may be provided for in a written agreement 10 between the office of general services and such local government; 11 (v) the offer to purchase any such unappropriated state land made to 12 any municipality in which such real property is situated shall not 13 constitute a right to purchase and such offer may be withdrawn by the 14 commissioner of general services at any time. 15 (b) If the unappropriated state land is located within an incorporated 16 village, the commissioner of general services shall first offer such 17 land to the incorporated village. The governing body of such village 18 shall exercise its right to purchase such land for a purpose set forth 19 in subparagraph (i) or (ii) of paragraph (a) of this subdivision within 20 ninety days after receipt of such written offer from the office of 21 general services or within any greater length of time that may be 22 provided for in a written agreement between the office of general 23 services and such village. If the incorporated village does not exercise 24 its right to purchase such land within said time frame, then the commis- 25 sioner of general services shall offer the unappropriated land for sale 26 to the town in which such land is located. 27 (c) If the unappropriated state land is located within a town but 28 outside of the borders of any incorporated village or is located in a 29 village but the village does not exercise its right as set forth in 30 paragraph (b) of this subdivision, the commissioner of general services 31 shall offer such land to the town. The governing body of such town shall 32 exercise its right to purchase such land for a purpose set forth in 33 subparagraph (i) or (ii) of paragraph (a) of this subdivision within 34 ninety days after receipt of such written offer from the office of 35 general services or within any greater length of time that may be 36 provided for in a written agreement between the office of general 37 services and such town. If the town does not exercise its right to 38 purchase such land within said time frame, then the commissioner of 39 general services shall offer the unappropriated land for sale to the 40 county in which such land is located. 41 (d) If the unappropriated state land is located within a city, the 42 commissioner of general services shall first offer such land to the 43 city. The governing body of such city shall exercise its right to 44 purchase such land for a purpose set forth in subparagraph (i) or (ii) 45 of paragraph (a) of this subdivision within ninety days after receipt of 46 such written offer from the office of general services or within any 47 greater length of time that may be provided for in a written agreement 48 between the office of general services and such city. If the city does 49 not exercise its right to purchase the unappropriated state land within 50 said time frame, then the commissioner shall offer the unappropriated 51 land for sale to the county in which such land is located. 52 (e) The governing body of such county shall exercise its right to 53 purchase unappropriated state land for a purpose set forth in subpara- 54 graph (i) or (ii) of paragraph (a) of this subdivision within ninety 55 days after receipt of such written offer from the office of general 56 services or within any greater length of time that may be provided for
S. 3052 3 1 in a written agreement between the office of general services and the 2 county. If the county does not exercise its right to purchase the unap- 3 propriated state land within said time frame, then the commissioner of 4 general services may dispose of said land in accordance with all appli- 5 cable laws. 6 (f) The procedure set forth in this subdivision shall supplement any 7 other procedures in effect with regard to the sale of unappropriated 8 state land. 9 2. Subject to the provisions of subdivision one of this section, the 10 commissioner of general services may, from time to time, sell unappro- 11 priated state lands at public auction or by sealed bids in such parcels 12 as [he] the commissioner deems for the best interests of the state. 13 Previous to every sale, [he] the commissioner shall fix the lowest sum 14 at which each lot may be sold, and shall designate at least one newspa- 15 per in the county where the lands to be sold are situated, in which the 16 commissioner shall cause notice of the time, place and description of 17 sale to be published, at least once a week for four weeks, successively, 18 before the sale. Such notice need not be published in any other paper or 19 papers, and any statute requiring additional publication of notices or 20 advertisements by state officers or a department, board, bureau or 21 commission of the state shall not apply to such notice. The commissioner 22 may designate a representative of [his] the commissioner's office to 23 conduct such sale. All such sales shall be held at the county seat of 24 the county where the property is situated, unless otherwise directed by 25 the commissioner. 26 Upon such sales of unappropriated state land to a purchaser procured 27 by any licensed real estate broker and the payment of the purchase price 28 in the amount offered by such broker in behalf of the purchaser, the 29 commissioner of general services is authorized to pay, subject to such 30 terms and conditions as the commissioner may prescribe, a commission to 31 such broker out of monies available therefor. Uniform rates of commis- 32 sion shall, from time to time, be fixed by the commissioner of general 33 services but shall not exceed six [percentum] per centum of the purchase 34 price. No commission shall be paid for the procuring of any sale unless 35 (1) written authority of the broker to make such offer on a form accept- 36 able to the commissioner, signed by the person for whom [he] the broker 37 is acting, shall be filed with the commissioner before the day of the 38 sale and unless (2) the broker shall furnish to the commissioner 39 evidence in such form and extent as [he] the commissioner may require 40 establishing that the purchaser was procured as the result of the 41 broker's services. In no event shall a broker who is paid a commission 42 by the commissioner as herein provided accept any other commission or 43 fee from any person or source for brokerage services relating to the 44 sale of such unappropriated state land. 45 [2.] 3. (a) Whenever a street or highway, including any adjacent land 46 acquired or held by the state in connection with such street or highway, 47 the title to the bed of which is in the state, shall have been legally 48 abandoned or closed, in whole or in part, the commissioner of general 49 services may sell and convey at public auction or by sealed bids at not 50 less than the appraised value, in such parcels as [he] the commissioner 51 directs, all the right, title and interest of the state in such aban- 52 doned or closed street or highway, or the part so abandoned or closed, 53 and in any adjacent land acquired or held by the state in connection 54 with such street or highway; and where, in the judgment of such commis- 55 sioner, a public auction is not for the best interests of the state the 56 commissioner, in [his] the commissioner's discretion, may sell and
S. 3052 4 1 convey such parcels of said lands at private sale to the owners of adja- 2 cent lands for a price not less than the appraised value and on such 3 terms and conditions as the commissioner may impose. 4 (b) The commissioner of general services may sell and convey parcels 5 of unappropriated state land which (i) do not constitute legal building 6 lots in the municipality in which they are located and (ii) have an 7 appraised value of less than fifty thousand dollars each at private sale 8 to any owner of adjacent lands. Consideration for such sales shall be 9 for a price not less than the appraised value and such additional terms 10 and conditions as the commissioner may deem necessary. 11 [3.] 4. The commissioner of general services is authorized in [his] 12 the commissioner's discretion to sell and convey at private sale upon 13 such terms and conditions as [he] the commissioner may deem proper, and 14 to remise and quitclaim all the right, title and interest of the state 15 in and to any unappropriated state lands acquired by or through tax sale 16 where it shall appear that such lands are and have been privately occu- 17 pied under color of title continuously for ten years or where the appli- 18 cant has, in good faith, a continuous chain of title going back more 19 than ten years from the date of application. Any such sale, if made, 20 shall be to the person or persons claiming title because of such occupa- 21 tion or under such chain of title, and shall be for a consideration not 22 less than the fair market value of the state's interest as determined by 23 the commissioner. 24 [4.] 5. Where a petition is presented to a surrogate's court of this 25 state for an order directing the sale of a decedent's real property for 26 any of the purposes provided for in section one thousand nine hundred 27 two of the surrogate's court procedure act or otherwise, and there is 28 reason to believe that such real property may have escheated to the 29 people of the state of New York, and a final judgment in an action by 30 reason of such escheat, as provided for in section two hundred [and] one 31 of the abandoned property law, has not been entered, the commissioner of 32 general services may, if it is deemed to be in the best interests of the 33 state, authorize the attorney general to consent to such order for the 34 sale of such real property, either at public auction or by sealed bids 35 or private sale. A deed thereupon executed and delivered pursuant to the 36 terms and provisions of such order, upon such consent of the attorney 37 general, shall be deemed a bar to any claim of title of the people of 38 the state of New York, by virtue of such escheat, in the property so 39 sold, but shall not be deemed to affect any rights that the people of 40 the state of New York may have in or to the proceeds of such sale. 41 Consent, however, to such an order shall not be given in the event the 42 price offered on a proposed private sale of such real property is less 43 than the appraised value thereof as determined by the commissioner of 44 general services. 45 [5.] 6. (a) The commissioner of general services may sell and convey 46 improved, unappropriated state lands by competitive solicitation of 47 offers through a request for proposals or similar method where in [his 48 or her] the commissioner's judgment, a public auction is not in the best 49 interests of the state. Such solicitation shall document the minimum 50 qualitative and quantitative factors in addition to sale price to be 51 used as criteria in the evaluation of offers and the general manner in 52 which the evaluation process and selection of the most responsive and 53 responsible offeror is to be conducted. Clarifications may be sought 54 from offerors for purposes of assuring a full understanding of respon- 55 siveness to the solicitation requirements. Where provided for in the 56 solicitation, revisions may be permitted from all offerors determined to
S. 3052 5 1 be eligible for award. Disclosure of the content of competing offers, 2 other than statistical tabulations of offers received or of any clarifi- 3 cations or revisions thereto, shall be prohibited prior to award. All 4 offers or separable parts thereof may be rejected. 5 (b) Establishment of the minimum sale price for the competitive solic- 6 itation shall be based upon a certified appraisal or certified appraisal 7 report as defined in article six-E of the executive law. 8 (c) The commissioner of general services shall designate at least one 9 newspaper in the county where the lands to be offered are situate, in 10 which [he or she] the commissioner shall cause a notice of the solicita- 11 tion to be published at least once a week for four weeks successively 12 before the date set forth for receipt of offers. 13 § 2. This act shall take effect immediately.