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

§ 17. Payment of incumbrances on public lands; adverse claims; costs.\nThe commissioner of general services, whenever he deems it for the best\ninterest of the state may cause to be paid off and canceled any charges,\nassessments, or incumbrances, other than the lien of a tax under article\nten of the tax law, existing on any lands belonging to the state or in\nwhich the state has an interest, or may acquire any outstanding\nundivided interest in such lands adverse to the title of the state, to\nperfect in the state a title to any such lands, or to protect the\nstate's interest therein. Payments for any such purpose shall be made\nfrom the state treasury, on the certificate of the commissioner and the\naudit and warrant of the comptroller, out of moneys available therefor\nby appropriation. Where the claim of title of the state to any land\nwithin the Adirondack or Catskill parks or adjacent thereto is based on\na tax sale, the conservation department, with the consent of the\ncommissioner and subject to the approval of the governor and the\nattorney-general, may, pursuant to the provisions of chapter five\nhundred and sixty-nine of the laws of nineteen hundred and sixteen and\nacts supplemental thereto and amendatory thereof, and chapter sixteen of\nthe laws of nineteen hundred twenty-six, whenever there is an adverse\nclaim or claims of title to such lands, acquire by purchase a deed or\nconveyance of such lands from the person or persons so claiming\nadversely on such terms and conditions as such state officials may deem\nfor the best interests of the state and to avoid litigation. In an\naction for partition of or to foreclose a mortgage on such lands wherein\nthe commissioner is so empowered, the plaintiffs shall not be entitled\nto costs if the people of the state are made a party defendant, unless\nthe commissioner after a full presentation of the facts to him shall\nhave determined before such action is brought against the state that the\ninterests of the state did not warrant his making an order for the\npayment or cancellation of such mortgage, lien or incumbrance, or any\namount due thereon, or for the acquisition of any outstanding undivided\ninterest adverse to the state, or pursuant to this section, or unless\nthe commissioner shall have failed to make such determination within\nthree months after such full presentation of facts shall have been made\nto him by a verified statement in writing, and filed with the\ncommissioner at his office in the city of Albany, nor unless a certified\ncopy of the designated commissioners' report of partition, and of the\nreferee's or sheriff's report of sale, in case of a sale, filed in the\naction shall have been duly served upon the attorney-general; and in no\nsuch case wherein the people are made a party defendant because of an\ninterest other than the lien of a tax under article ten of the tax law,\nshall any additional allowance under sections fourteen hundred and\nseventy-four or fourteen hundred and seventy-five of the civil practice\nact be made to the plaintiff.\n