2023 New York Laws › PBL - Public Lands › Article 3 - Unappropriated State Lands › 33 - Sale of Unappropriated State Lands; Notice and Place of Public Sales.

§ 33. Sale  of  unappropriated state lands; notice and place of public
sales. 1. The commissioner of general services may, from time  to  time,
sell  unappropriated  state lands at public auction or by sealed bids in
such parcels as he deems for the best interests of the  state.  Previous
to  every  sale,  he  shall  fix the lowest sum at which each lot may be
sold, and shall designate at least one newspaper in the county where the
lands to be sold are situated, in which  the  commissioner  shall  cause
notice  of  the  time, place and description of sale to be published, at
least once a week for four weeks, successively, before  the  sale.  Such
notice  need  not  be  published  in  any other paper or papers, and any
statute requiring additional publication of notices or advertisements by
state officers or a department, board, bureau or commission of the state
shall not apply  to  such  notice.  The  commissioner  may  designate  a
representative  of his office to conduct such sale. All such sales shall
be held at the county seat of the county where the property is situated,
unless otherwise directed by the commissioner.
Upon such sales of unappropriated state land to a  purchaser  procured
by any licensed real estate broker and the payment of the purchase price
in  the  amount  offered  by such broker in behalf of the purchaser, the
commissioner of general services is authorized to pay, subject  to  such
terms  and conditions as the commissioner may prescribe, a commission to
such  broker  out  of  monies  available  therefor.  Uniform  rates   of
commission  shall,  from  time to time, be fixed by the commissioner but
shall not exceed six percentum of  the  purchase  price.  No  commission
shall be paid for the procuring of any sale unless (1) written authority
of  the  broker  to  make  such  offer  on  a  form  acceptable  to  the
commissioner, signed by the person for whom he is acting, shall be filed
with the commissioner before the day of the  sale  and  unless  (2)  the
broker  shall  furnish  to  the  commissioner  evidence in such form and
extent as he may require establishing that the purchaser was procured as
the result of the broker's services. In no event shall a broker  who  is
paid  a  commission  by  the  commissioner as herein provided accept any
other commission or fee from any person or source for brokerage services
relating to the sale of such unappropriated state land.
2. (a) Whenever a street  or  highway,  including  any  adjacent  land
acquired or held by the state in connection with such street or highway,
the  title  to the bed of which is in the state, shall have been legally
abandoned or closed, in whole or in part, the  commissioner  of  general
services  may sell and convey at public auction or by sealed bids at not
less than the appraised value, in such parcels as he  directs,  all  the
right,  title  and  interest  of  the  state in such abandoned or closed
street or highway, or the part  so  abandoned  or  closed,  and  in  any
adjacent  land  acquired  or  held  by the state in connection with such
street or highway; and where, in the judgment of  such  commissioner,  a
public  auction  is  not  for  the  best  interests  of  the  state  the
commissioner, in his discretion, may sell and  convey  such  parcels  of
said  lands  at private sale to the owners of adjacent lands for a price
not less than the appraised value and on such terms  and  conditions  as
the commissioner may impose.
(b)  The  commissioner of general services may sell and convey parcels
of unappropriated state land which (i) do not constitute legal  building
lots  in  the  municipality  in  which they are located and (ii) have an
appraised value of less than fifty thousand dollars each at private sale
to any owner of adjacent lands. Consideration for such  sales  shall  be
for  a price not less than the appraised value and such additional terms
and conditions as the commissioner may deem necessary.
3.  The  commissioner  of  general  services  is  authorized  in   his
discretion  to  sell  and  convey  at  private  sale upon such terms and

conditions as he may deem proper, and to remise and  quitclaim  all  the
right,  title  and  interest  of  the state in and to any unappropriated
state lands acquired by or through tax sale where it shall  appear  that
such  lands  are  and  have been privately occupied under color of title
continuously for ten years or where the applicant has, in good faith,  a
continuous  chain  of title going back more than ten years from the date
of application. Any such sale, if  made,  shall  be  to  the  person  or
persons claiming title because of such occupation or under such chain of
title,  and  shall  be for a consideration not less than the fair market
value of the state's interest as determined by the commissioner.
4. Where a petition is presented to a surrogate's court of this  state
for an order directing the sale of a decedent's real property for any of
the  purposes  provided  for in section one thousand nine hundred two of
the surrogate's court procedure act or otherwise, and there is reason to
believe that such real property may have escheated to the people of  the
state  of  New York, and a final judgment in an action by reason of such
escheat, as provided for in section two hundred and one of the abandoned
property law, has not been entered, the commissioner of general services
may, if it is deemed to be in the best interests of the state, authorize
the attorney general to consent to such order for the sale of such  real
property,  either at public auction or by sealed bids or private sale. A
deed  thereupon  executed  and  delivered  pursuant  to  the  terms  and
provisions  of  such  order,  upon such consent of the attorney general,
shall be deemed a bar to any claim of title of the people of  the  state
of  New  York,  by  virtue of such escheat, in the property so sold, but
shall not be deemed to affect any rights that the people of the state of
New York may have in or to the proceeds of such sale. Consent,  however,
to  such an order shall not be given in the event the price offered on a
proposed private sale of such real property is less than  the  appraised
value thereof as determined by the commissioner of general services.
5.  (a)  The  commissioner  of  general  services  may sell and convey
improved, unappropriated state  lands  by  competitive  solicitation  of
offers through a request for proposals or similar method where in his or
her  judgment,  a  public  auction  is  not in the best interests of the
state. Such solicitation shall  document  the  minimum  qualitative  and
quantitative factors in addition to sale price to be used as criteria in
the  evaluation of offers and the general manner in which the evaluation
process and selection of the most responsive and responsible offeror  is
to be conducted. Clarifications may be sought from offerors for purposes
of  assuring  a full understanding of responsiveness to the solicitation
requirements. Where provided for in the solicitation, revisions  may  be
permitted  from  all  offerors  determined  to  be  eligible  for award.
Disclosure of the content of competing offers,  other  than  statistical
tabulations  of  offers  received  or of any clarifications or revisions
thereto, shall be prohibited prior to award.  All  offers  or  separable
parts thereof may be rejected.
(b)  Establishment  of  the  minimum  sale  price  for the competitive
solicitation shall be based upon  a  certified  appraisal  or  certified
appraisal report as defined in article six-E of the executive law.
(c)  The commissioner of general services shall designate at least one
newspaper in the county where the lands to be offered  are  situate,  in
which he or she shall cause a notice of the solicitation to be published
at  least  once  a  week for four weeks successively before the date set
forth for receipt of offers.