§ 33. Sale of unappropriated state lands; notice and place of public\nsales. 1. The commissioner of general services may, from time to time,\nsell unappropriated state lands at public auction or by sealed bids in\nsuch parcels as he deems for the best interests of the state. Previous\nto every sale, he shall fix the lowest sum at which each lot may be\nsold, and shall designate at least one newspaper in the county where the\nlands to be sold are situated, in which the commissioner shall cause\nnotice of the time, place and description of sale to be published, at\nleast once a week for four weeks, successively, before the sale. Such\nnotice need not be published in any other paper or papers, and any\nstatute requiring additional publication of notices or advertisements by\nstate officers or a department, board, bureau or commission of the state\nshall not apply to such notice. The commissioner may designate a\nrepresentative of his office to conduct such sale. All such sales shall\nbe held at the county seat of the county where the property is situated,\nunless otherwise directed by the commissioner.\n Upon such sales of unappropriated state land to a purchaser procured\nby any licensed real estate broker and the payment of the purchase price\nin the amount offered by such broker in behalf of the purchaser, the\ncommissioner of general services is authorized to pay, subject to such\nterms and conditions as the commissioner may prescribe, a commission to\nsuch broker out of monies available therefor. Uniform rates of\ncommission shall, from time to time, be fixed by the commissioner but\nshall not exceed six percentum of the purchase price. No commission\nshall be paid for the procuring of any sale unless (1) written authority\nof the broker to make such offer on a form acceptable to the\ncommissioner, signed by the person for whom he is acting, shall be filed\nwith the commissioner before the day of the sale and unless (2) the\nbroker shall furnish to the commissioner evidence in such form and\nextent as he may require establishing that the purchaser was procured as\nthe result of the broker's services. In no event shall a broker who is\npaid a commission by the commissioner as herein provided accept any\nother commission or fee from any person or source for brokerage services\nrelating to the sale of such unappropriated state land.\n 2. (a) Whenever a street or highway, including any adjacent land\nacquired or held by the state in connection with such street or highway,\nthe title to the bed of which is in the state, shall have been legally\nabandoned or closed, in whole or in part, the commissioner of general\nservices may sell and convey at public auction or by sealed bids at not\nless than the appraised value, in such parcels as he directs, all the\nright, title and interest of the state in such abandoned or closed\nstreet or highway, or the part so abandoned or closed, and in any\nadjacent land acquired or held by the state in connection with such\nstreet or highway; and where, in the judgment of such commissioner, a\npublic auction is not for the best interests of the state the\ncommissioner, in his discretion, may sell and convey such parcels of\nsaid lands at private sale to the owners of adjacent lands for a price\nnot less than the appraised value and on such terms and conditions as\nthe commissioner may impose.\n (b) The commissioner of general services may sell and convey parcels\nof unappropriated state land which (i) do not constitute legal building\nlots in the municipality in which they are located and (ii) have an\nappraised value of less than fifty thousand dollars each at private sale\nto any owner of adjacent lands. Consideration for such sales shall be\nfor a price not less than the appraised value and such additional terms\nand conditions as the commissioner may deem necessary.\n 3. The commissioner of general services is authorized in his\ndiscretion to sell and convey at private sale upon such terms
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.