N.Y. Public Lands Law § 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notice need not be published in any other paper or papers, and any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.