N.Y. Public Lands Law § 17: Payment of incumbrances on public lands; adverse claims; costs

§ 17. Payment of incumbrances on public lands; adverse claims; costs.

The commissioner of general services, whenever he deems it for the best

interest of the state may cause to be paid off and canceled any charges,

assessments, or incumbrances, other than the lien of a tax under article

ten of the tax law, existing on any lands belonging to the state or in

which the state has an interest, or may acquire any outstanding

undivided interest in such lands adverse to the title of the state, to

perfect in the state a title to any such lands, or to protect the

state's interest therein. Payments for any such purpose shall be made

from the state treasury, on the certificate of the commissioner and the

audit and warrant of the comptroller, out of moneys available therefor

by appropriation. Where the claim of title of the state to any land

within the Adirondack or Catskill parks or adjacent thereto is based on

a tax sale, the conservation department, with the consent of the

commissioner and subject to the approval of the governor and the

attorney-general, may, pursuant to the provisions of chapter five

hundred and sixty-nine of the laws of nineteen hundred and sixteen and

acts supplemental thereto and amendatory thereof, and chapter sixteen of

the laws of nineteen hundred twenty-six, whenever there is an adverse

claim or claims of title to such lands, acquire by purchase a deed or

conveyance of such lands from the person or persons so claiming

adversely on such terms and conditions as such state officials may deem

for the best interests of the state and to avoid litigation. In an

action for partition of or to foreclose a mortgage on such lands wherein

the commissioner is so empowered, the plaintiffs shall not be entitled

to costs if the people of the state are made a party defendant, unless

the commissioner after a full presentation of the facts to him shall

have determined before such action is brought against the state that the

interests of the state did not warrant his making an order for the

payment or cancellation of such mortgage, lien or incumbrance, or any

amount due thereon, or for the acquisition of any outstanding undivided

interest adverse to the state, or pursuant to this section, or unless

the commissioner shall have failed to make such determination within

three months after such full presentation of facts shall have been made

to him by a verified statement in writing, and filed with the

commissioner at his office in the city of Albany, nor unless a certified

copy of the designated commissioners' report of partition, and of the

referee's or sheriff's report of sale, in case of a sale, filed in the

action shall have been duly served upon the attorney-general; and in no

such case wherein the people are made a party defendant because of an

interest other than the lien of a tax under article ten of the tax law,

shall any additional allowance under sections fourteen hundred and

seventy-four or fourteen hundred and seventy-five of the civil practice

act be made to the plaintiff.