§ 10 — Disposal of buildings and improvements on state lands, or on lands under lease to the state

New York § 10

• Jurisdiction: New York
• Law PBB: Public Buildings
• Art. 2: Commissioner of General Services

Text

§ 10. Disposal of buildings and improvements on state lands, or on\nlands under lease to the state. 1. Except as provided in subdivision two\nof this section, whenever the head of any agency, board, division or\ncommission, with the approval of the director of the budget, (a) shall\ncertify to the commissioner of general services that any property on\nstate land or on land under lease to the state and consisting of\nbuildings with or without fixtures attached thereto, and any other\nimprovements upon such lands, are unfit, not adapted or not needed for\nuse by such agency, board, division or commission and (b) shall\nrecommend for reasons to be stated, that the said property should be\ndisposed of, the commissioner of general services shall, after causing\nan investigation to be made, dispose of said property by sale or\ndemolition as will best promote the public interest. Public notice of a\nproposed sale where the value of the property to be sold exceeds five\nthousand dollars shall be given by advertising at least once in a\nnewspaper published and having a general circulation in the county in\nwhich such lands are located and in such other newspaper or newspapers\nas the commissioner of general services may deem to be necessary. Such\nadvertisement shall give a general description and location of the\nproperty and the terms of the sale and the date on which proposals for\nthe same will be received by the commissioner of general services.\nShould any or all of the offers so received be deemed by the\ncommissioner of general services to be too low, he or she may dispose of\nsuch property so advertised at private sale within ninety days of the\nopening of the bids, provided that no such private sale shall be\nconsummated at a price lower than that submitted as a result of public\nadvertising. The commissioner of general services shall also have the\npower to demolish such property either by contract or, if such property\nis located on lands which are under the jurisdiction of the department\nof corrections and community supervision, the work of such demolition\nmay be done by the incarcerated individuals of the institution where\nsuch property is located, provided however that the commissioner of\ncorrections and community supervision shall consent to the employment of\nthe incarcerated individuals for the work of demolition. The provisions\nof this subdivision shall be effective notwithstanding the provisions of\nany other general or special law relating to the disposal of buildings\nwith the fixtures attached thereto or of any improvements upon lands\nbelonging to or under lease to the state, and any such statute or parts\nthereof relating to such disposal of buildings, fixtures and\nimprovements insofar as they are inconsistent with the provisions of\nthis section are hereby superseded. A record of any such sale shall be\nfiled with the state agency head above referred to and the proceeds of\nsuch sale or disposal shall be paid into the treasury of the state to\nthe credit of the capital projects fund.\n 2. The provisions of subdivision one of this section shall not apply\nto any buildings or parts thereof or to any other improvements upon\nlands that have been or that shall hereafter be acquired by the\ncommissioner of transportation for purposes connected with the\nconstruction, reconstruction, improvement or maintenance of a state\nhighway or other duly authorized project or to any buildings or parts\nthereof or to any other improvements upon lands that have been or that\nshall hereafter be acquired by the trustees of the state university of\nNew York for purposes connected with the construction, reconstruction,\nrehabilitation, improvement or maintenance of the facilities or\ninstallations of the state university or other duly authorized project.\nIn any such project, the commissioner of transportation or in the case\nof a duly authorized project of the state university, the trustees of\nthe state university may (a) provide in any agreement of adjustment with\nthe claimant who owned such buildings or improvements for the disposal\nof such buildings or improvements by removal, (b) provide for the\ndemolition of such buildings or improvements, (c) permit, on such terms\nas he or she or such trustees, as the case may be, may deem beneficial\nto the state, the temporary use and occupancy of such buildings or\nimprovements pending prosecution of actual construction work on the\nproject, or (d) dispose of such buildings or improvements by such other\narrangement as the commissioner of transportation or the trustees of the\nstate university, as the case may be, may deem advisable. The use or\noccupancy of any such property pursuant to any license, lease or permit\nunder the provisions of this section and the right of the commissioner\nof transportation or the trustees of the state university, as the case\nmay be, as agent for the state, to recover possession of any such\nbuilding or improvement or of the property upon which it is located\nshall not be subject to the emergency housing rent control law. Where it\nis necessary to cause the removal of an occupant of any such property,\nthe commissioner of transportation or the trustees of the state\nuniversity, as the case may be, as agent for the state, may cause such\noccupant to be removed therefrom and the immediate possession thereof to\nbe delivered to him or her or to them, as the case may be, as agent of\nthe state in the same manner and by the same proceedings in the same\ncourt or before the same judge or justice as is now or hereafter may be\nprovided by law for the removal of a tenant holding over after the\nexpiration of his or her term without the permission of the landlord.\nThe proceedings shall be brought in the name of the commissioner of\ntransportation or the trustees of the state university, as the case may\nbe, as agent of the state, and include as part of the relief a judgment\nfor any amounts which may be due for said occupancy. All monies received\nby the trustees of the state university pursuant to this section shall\nbe paid into the state university income fund as established pursuant to\nsubdivision four of section three hundred fifty-five of the education\nlaw.\n