§ 3 — Powers and duties; leases

New York § 3

• Jurisdiction: New York
• Law PBL: Public Lands
• Art. 2: Office of General Services

Text

§ 3. Powers and duties; leases. 1. The office of general services\nshall have the general care and superintendence of all state lands, the\nsuperintendence whereof is not vested in some officer or in a state\ndepartment or a division, bureau or agency thereof.\n 2. The commissioner of general services may, subject to such rules as\nhe may promulgate with the approval of the state director of the budget,\nfrom time to time, lease for terms not exceeding five years, and until\ndisposed of as required by law, all such state lands which are not\nappropriated to any immediate use. Such leases shall contain proper\ncovenants to guard against trespass and waste. The use to which such\nleased property shall be put shall be consistent with local land use\nregulations. The commissioner also may grant rights and easements in\nperpetuity or otherwise in and to all state lands, including lands under\nwater, at a price to be determined by the commissioner, and in case of a\nsubsequent sale of such lands, the same may be sold subject to any\nrights and easements previously granted. The commissioner may, with or\nwithout consideration as determined by him, release and relinquish to\nthe owner of the fee title therein, any rights or easements in\nperpetuity or otherwise, as may have been previously granted to the\nstate. Provided, however, that where the superintendence of state lands\nis vested in some officer or in a state department or a division, bureau\nor agency thereof or in a public authority created or continued under\nthe public authorities law the commissioner may grant, release or\nrelinquish such rights and easements upon the written request of such\nofficer or the head of such department, division, bureau, agency or\npublic authority or of an employee thereof designated for such purpose\nby such officer or head of the department, division, bureau, agency or\npublic authority.\n 3. The commissioner of general services may repair, demolish or remove\nthe whole or a portion of any structure on such state lands, provided he\nhas filed in his office a writing specifying the structure and\ncertifying to the necessity of such repair, demolition or removal. The\nexpense of such work may be paid from any contingent funds available to\nthe commissioner, or from moneys specially appropriated for such\npurposes. If such work be done by contract, the commissioner may\ndispense with advertising and bids, or either, or may cause such work to\nbe done by direct employment of labor and purchase of material in the\nopen market, or partly by contract and partly by such direct employment\nand purchase.\n 4. Notwithstanding any other provision of this chapter or other\nstatute, the commissioner of general services, upon the application of\nany state department, or a division, bureau or agency thereof, or upon\nthe application of any state agency, may transfer to such state\ndepartment, division, bureau, or agency, or state agency, the\njurisdiction over any lands, including lands under water, abandoned\ncanal lands and salt springs reservation land, upon such terms and\nconditions as the commissioner may deem just and proper and upon the\nconsent of the department, or a division, bureau or agency thereof, or\nany state agency, already having jurisdiction over such lands and\nnotwithstanding any other provision of this chapter or other statute,\nauthority to give such consent is hereby conferred upon the head of any\nsuch state department, or a division, bureau or agency thereof, or any\nstate agency; provided, however, that if the commissioner of general\nservices determines that any such land under the jurisdiction of any\nstate department, or a division, bureau or agency thereof, or any state\nagency other than a public authority or public benefit corporation is\nunder utilized or is not being utilized in a manner consistent with the\nbest interests of the state, such commissioner may on his own\ninitiative, and without the application or consent referred to above but\nsubject to the procedure and review provided in section two-a of this\narticle, transfer the jurisdiction over such land to any other state\ndepartment, or a division, bureau or agency thereof, or any other state\nagency other than a public authority or public benefit corporation.\nShould such land be under the jurisdiction of the office of mental\nhealth or the office for people with developmental disabilities upon\nwhich a community residential facility for the disabled as defined in\nsection 41.34 of the mental hygiene law exists, the commissioner of\ngeneral services shall, prior to transferring the jurisdiction over such\nland to any other state department, or a division, bureau or agency\nthereof, or any other state agency other than a public authority or\npublic benefit corporation offer such land for sale at public auction\npursuant to section thirty-three of this chapter; provided, however,\nthat the provisions of section four hundred six of the eminent domain\nprocedure law shall apply to such property.\n 4-a. Notwithstanding any other provision of this chapter or other\nstatute, the commissioner of general services, upon the application of\nany person or corporation, may lease to the highest responsible bidder\nfurnishing the required security after advertisement for sealed bids has\nbeen published in a newspaper or newspapers designated for such purpose,\nfor a term not to exceed ninety-nine years, to such applicant interests\nin real property including but not limited to air rights, subterranean\nrights and others, when such are not needed for present public use.\n Such lease shall contain proper covenants to assure the payment of\nadequate consideration for the interests leased, and to further protect\nthe state as is deemed necessary by said commissioner.\n Where the superintendence of the interest leased is vested in some\nofficer or in a state department or a division, bureau or agency\nthereof, or in a public authority created or continued under the public\nauthorities law, the commissioner may grant such rights only upon\nwritten request and conconsent of such officer or head of such\ndepartment, division, bureau or public authority.\n Said lease shall not be effective until approved as to form by the\nattorney general of the state.\n The development of any leasehold granted pursuant to this subdivision\nshall be subject to the zoning regulations and ordinances of the\nmunicipality in which said property is located.\n 5. The commissioner of general services may, in accordance with the\nprovisions of section twenty-seven of this article, acquire any real\nproperty deemed by him to be necessary for the implementation or\naccomplishment of any statutory purpose, function, operation or\nresponsibility of the commissioner or the office of general services.\n 6. The commissioner of general services may, subject to the prior\napproval of the attorney general, accept unconditional grants, gifts,\ndevises, bequests or conveyances of title to or interest in real\nproperty to the people of the state of New York as he deems proper for\nthe purposes of the state.\n 7. Notwithstanding any other provision of this article, the facilities\ndevelopment corporation may, subject to prior notice to the commissioner\nof general services by filing a copy of the proposed instrument of\nconveyance, convey an easement in or over state-owned lands under the\njurisdiction of the facilities development corporation for the use of\nthe department of mental hygiene for the connecting of a water main,\nsewer line or other public services facility with a facility of any of\nthe offices of the department of mental hygiene, to the public\ncorporation or the public services corporation having ownership or\ncontrol of such utility facility, as provided in subdivision eight of\nsection five of the facilities development corporation act.\n