NY Pub Lands L § 3 (2021)
2021 New York Laws PBL - Public Lands Article 2 - Office of General Services 3 - 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 for people  with  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.