N.Y. Public Lands Law § 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.