N.Y. PBL Law § 30-A — New York Code / Act PBL / Article 3 / Section 30-A
Abandonment of state real property
Status: in_force

§ 30-a. Abandonment of state real property. 1. Except as to lands\nunder water, salt springs lands and abandoned canal lands, the head of\nany state agency having custody or jurisdiction over any state-owned\nlands may determine that such lands are no longer necessary or useful to\nthe purposes of such agency, and he or she is hereby authorized to\ndeclare the same abandoned. Upon the filing of a declaration of\nabandonment of such lands with an approval thereof by the commissioner\nof general services such lands shall become unappropriated state lands\nprovided, however, that no state lands, the sale or transfer of which is\nprohibited by the constitution, shall be thus affected. Within thirty\ndays of approving the abandonment, the commissioner of general services\nshall publish a notice of the approval in the state register and the\nenvironmental notice bulletin, and send such a notice to the chief\nelected official of each county and municipality where the affected\nlands are located.\n  2. The commissioner of general services is authorized and empowered to\ndetermine that any state-owned real property under the jurisdiction of\nany state agency other than any real property owned by or under the\njurisdiction of any public authority or public benefit corporation, is\nunder-utilized or not being utilized in a manner consistent with the\nbest interests of the state and thereupon, subject to the procedure and\nreview provided in section two-a, to declare such real property\nabandoned.\n  3. Upon the filing of a declaration of abandonment by the commissioner\nof the office of mental health or by the commissioner of the office for\npeople with developmental disabilities of state-owned lands upon which a\ncommunity residential facility for the disabled as defined in section\n41.34 of the mental hygiene law exists, and with an approval thereof by\nthe commissioner of general services, such lands shall become\nunappropriated state lands; and prior to being transferred to the\njurisdiction of another state agency shall be offered for sale at public\nauction pursuant to section thirty-three of this article; provided,\nhowever, that the provisions of section four hundred six of the eminent\ndomain procedure law shall apply to such property.\n  4. Should state-owned real property under the jurisdiction of the\noffice of mental health or the office for people with developmental\ndisabilities and upon which a community residential facility for the\ndisabled as defined in section 41.34 of the mental hygiene law exists,\nbe declared abandoned by the commissioner of general services pursuant\nto subdivision two of this section, such real property shall become\nunappropriated state lands; and prior to being transferred to the\njurisdiction of another state agency, shall be offered for sale at\npublic auction pursuant to section thirty-three of this article;\nprovided, however, that the provisions of section four hundred six of\nthe eminent domain procedure law shall apply to such property.\n  5. As used in this section, the term "state agency" shall include any\ndepartment, division, board, commission, bureau, office or other agency\nof the state.\n