N.Y. Public Lands Law § 30-a: Abandonment of state real property

§ 30-a. Abandonment of state real property. 1. Except as to lands

under water, salt springs lands and abandoned canal lands, the head of

any state agency having custody or jurisdiction over any state-owned

lands may determine that such lands are no longer necessary or useful to

the purposes of such agency, and he or she is hereby authorized to

declare the same abandoned. Upon the filing of a declaration of

abandonment of such lands with an approval thereof by the commissioner

of general services such lands shall become unappropriated state lands

provided, however, that no state lands, the sale or transfer of which is

prohibited by the constitution, shall be thus affected. Within thirty

days of approving the abandonment, the commissioner of general services

shall publish a notice of the approval in the state register and the

environmental notice bulletin, and send such a notice to the chief

elected official of each county and municipality where the affected

lands are located.

2. The commissioner of general services is authorized and empowered to

determine that any state-owned real property under the jurisdiction of

any state agency other than any real property owned by or under the

jurisdiction of any public authority or public benefit corporation, is

under-utilized or not being utilized in a manner consistent with the

best interests of the state and thereupon, subject to the procedure and

review provided in section two-a, to declare such real property

abandoned.

3. Upon the filing of a declaration of abandonment by the commissioner

of the office of mental health or by the commissioner of the office for

people with developmental disabilities of state-owned lands upon which a

community residential facility for the disabled as defined in section

41.34 of the mental hygiene law exists, and with an approval thereof by

the commissioner of general services, such lands shall become

unappropriated state lands; and prior to being transferred to the

jurisdiction of another state agency shall be offered for sale at public

auction pursuant to section thirty-three of this article; provided,

however, that the provisions of section four hundred six of the eminent

domain procedure law shall apply to such property.

4. Should state-owned real property under the jurisdiction of the

office of mental health or the office for people with developmental

disabilities and upon which a community residential facility for the

disabled as defined in section 41.34 of the mental hygiene law exists,

be declared abandoned by the commissioner of general services pursuant

to subdivision two of this section, such real property shall become

unappropriated state lands; and prior to being transferred to the

jurisdiction of another state agency, shall be offered for sale at

public auction pursuant to section thirty-three of this article;

provided, however, that the provisions of section four hundred six of

the eminent domain procedure law shall apply to such property.

5. As used in this section, the term "state agency" shall include any

department, division, board, commission, bureau, office or other agency

of the state.