NY-PBL Public Lands Law NY

Section 1. Short title. This chapter shall be known as the "Public

Lands Law."

State-owned real property inventory and management program. 1.

Definitions. As used in this section, unless the context otherwise

requires:

a. "State agency" shall mean any department, division, board,

commission, bureau, office or other agency of the state other than a

public authority or public benefit corporation, except that for the

purpose of subdivision two hereof, the term shall include any public

authority or public benefit corporation any member or director of which

is appointed by the governor and having jurisdiction, custody or control

of any state-owned real property.

b. "State-owned real property" shall include all lands and buildings,

structures, facilities, and improvements thereon, title to which is

vested in the people of the state of New York.

2. State-owned real property inventory. The commissioner of general

services shall establish, maintain and have the custody of an inventory

of all state-owned real property, as an aid in the utilization and

management of the land resources of the state. The inventory shall

include any state-owned real property under the jurisdiction, custody or

management of any state agency, whether acquired by appropriation,

purchase, gift or otherwise. In order to provide an accurate and current

inventory for use by the commissioner of general services, state

agencies and the legislature, the commissioner may by rule or regulation

prescribe the elements, extent and format of the information to be

included and the procedures for collection, presentation and

verification of the information to be contained in the inventory. The

commissioner shall by rule or regulation, and upon the advice of the

comptroller, prescribe the elements, extent and format of the

information to be included and the procedures for collection,

presentation, and verification of such information necessary to

establish and maintain a set of general fixed asset accounts that comply

with generally accepted accounting principles. Each state agency shall

deliver to the commissioner of general services such information at the

times and in the manner as determined by him to be necessary for the

establishment and maintenance of the inventory and shall permit the

commissioner and his agents to make such physical and records

inspections as deemed necessary by the commissioner for the purposes of

the inventory program.

3. State-owned real property management program. The commissioner of

general services is authorized and directed to study, evaluate and

coordinate state agency management practices, plans and procedures for

the acquisition, utilization and disposition of state-owned real

property, and to advise and assist state agencies in the improvement of

such management practices, plans and procedures.

Certain transfers of jurisdiction over state-owned lands and

declarations of abandonment by the commissioner of general services. 1.

When the commissioner of general services proposes to transfer

jurisdiction over state lands pursuant to subdivision four of section

three without the application or consent therein provided or when the

commissioner proposes to declare real property as abandoned pursuant to

subdivision two of section thirty-a, he shall give written notice of

such intention to the agency having jurisdiction over such land, and in

the case of a transfer of jurisdiction pursuant to subdivision four of

section three, to the state agency to which jurisdiction is proposed to

be transferred.

2. Unless within thirty days from the date such notice is given, an

agency entitled to notice pursuant to subdivision one hereof objects to

such proposed action, the commissioner of general services may effect

such transfer of jurisdiction or declaration of abandonment.

3. If within thirty days of the giving of such notice, any state

agency entitled to notice pursuant to subdivision one hereof objects to

the action proposed by the commissioner by filing notice to such effect

with the commissioner of general services, such proposed action shall be

reviewed by the director of the budget, and the secretary of state. They

shall affirm or reverse the proposed action by the commissioner and that

decision shall be final. If they affirm the proposed action or fail to

render a determination within six months of the date of the notice

referred to in subdivision one, the commissioner may thereupon effect

such transfer or declaration of abandonment.

Transfers of certain funds. Subject to the approval of the

director of the budget, any funds which have been appropriated and/or

allocated for the operation or maintenance of state-owned real property

abandoned under section thirty-a shall be transferred to the office of

general services for the continued operation and maintenance of such

real property and any funds which have been allocated to or transferred

to any state agency for the operation or maintenance of state-owned real

property jurisdiction over which has been transferred pursuant to

subdivision four of section three shall be transferred to the agency

receiving such jurisdiction for the continued operation and maintenance

of such real property. As herein used, operation and maintenance shall

include, without limitation, fuel, utilities, repairs and upkeep,

supervision and security, and any local taxes or assessments.

Powers and duties; leases. 1. The office of general services

shall have the general care and superintendence of all state lands, the

superintendence whereof is not vested in some officer or in a state

department or a division, bureau or agency thereof.

2. The commissioner of general services may, subject to such rules as

he may promulgate with the approval of the state director of the budget,

from time to time, lease for terms not exceeding five years, and until

disposed of as required by law, all such state lands which are not

appropriated to any immediate use. Such leases shall contain proper

covenants to guard against trespass and waste. The use to which such

leased property shall be put shall be consistent with local land use

regulations. The commissioner also may grant rights and easements in

perpetuity or otherwise in and to all state lands, including lands under

water, at a price to be determined by the commissioner, and in case of a

subsequent sale of such lands, the same may be sold subject to any

rights and easements previously granted. The commissioner may, with or

without consideration as determined by him, release and relinquish to

the owner of the fee title therein, any rights or easements in

perpetuity or otherwise, as may have been previously granted to the

state. Provided, however, that where the superintendence of state lands

is vested in some officer or in a state department or a division, bureau

or agency thereof or in a public authority created or continued under

the public authorities law the commissioner may grant, release or

relinquish such rights and easements upon the written request of such

officer or the head of such department, division, bureau, agency or

public authority or of an employee thereof designated for such purpose

by such officer or head of the department, division, bureau, agency or

public authority.

3. The commissioner of general services may repair, demolish or remove

the whole or a portion of any structure on such state lands, provided he

has filed in his office a writing specifying the structure and

certifying to the necessity of such repair, demolition or removal. The

expense of such work may be paid from any contingent funds available to

the commissioner, or from moneys specially appropriated for such

purposes. If such work be done by contract, the commissioner may

dispense with advertising and bids, or either, or may cause such work to

be done by direct employment of labor and purchase of material in the

open market, or partly by contract and partly by such direct employment

and purchase.

4. Notwithstanding any other provision of this chapter or other

statute, the commissioner of general services, upon the application of

any state department, or a division, bureau or agency thereof, or upon

the application of any state agency, may transfer to such state

department, division, bureau, or agency, or state agency, the

jurisdiction over any lands, including lands under water, abandoned

canal lands and salt springs reservation land, upon such terms and

conditions as the commissioner may deem just and proper and upon the

consent of the department, or a division, bureau or agency thereof, or

any state agency, already having jurisdiction over such lands and

notwithstanding any other provision of this chapter or other statute,

authority to give such consent is hereby conferred upon the head of any

such state department, or a division, bureau or agency thereof, or any

state agency; provided, however, that if the commissioner of general

services determines that any such land under the jurisdiction of any

state department, or a division, bureau or agency thereof, or any state

agency other than a public authority or public benefit corporation is

under utilized or is not being utilized in a manner consistent with the

best interests of the state, such commissioner may on his own

initiative, and without the application or consent referred to above but

subject to the procedure and review provided in section two-a of this

article, transfer the jurisdiction over such land to any other state

department, or a division, bureau or agency thereof, or any other state

agency other than a public authority or public benefit corporation.

Should such land be under the jurisdiction of the office of mental

health or the office for people with developmental disabilities upon

which a community residential facility for the disabled as defined in

section 41.34 of the mental hygiene law exists, the commissioner of

general services shall, prior to transferring the jurisdiction over such

land to any other state department, or a division, bureau or agency

thereof, or any other state agency other than a public authority or

public benefit corporation offer such land for sale at public auction

pursuant to section thirty-three of this chapter; provided, however,

that the provisions of section four hundred six of the eminent domain

procedure law shall apply to such property.

4-a. Notwithstanding any other provision of this chapter or other

statute, the commissioner of general services, upon the application of

any person or corporation, may lease to the highest responsible bidder

furnishing the required security after advertisement for sealed bids has

been published in a newspaper or newspapers designated for such purpose,

for a term not to exceed ninety-nine years, to such applicant interests

in real property including but not limited to air rights, subterranean

rights and others, when such are not needed for present public use.

Such lease shall contain proper covenants to assure the payment of

adequate consideration for the interests leased, and to further protect

the state as is deemed necessary by said commissioner.

Where the superintendence of the interest leased is vested in some

officer or in a state department or a division, bureau or agency

thereof, or in a public authority created or continued under the public

authorities law, the commissioner may grant such rights only upon

written request and conconsent of such officer or head of such

department, division, bureau or public authority.

Said lease shall not be effective until approved as to form by the

attorney general of the state.

The development of any leasehold granted pursuant to this subdivision

shall be subject to the zoning regulations and ordinances of the

municipality in which said property is located.

5. The commissioner of general services may, in accordance with the

provisions of section twenty-seven of this article, acquire any real

property deemed by him to be necessary for the implementation or

accomplishment of any statutory purpose, function, operation or

responsibility of the commissioner or the office of general services.

6. The commissioner of general services may, subject to the prior

approval of the attorney general, accept unconditional grants, gifts,

devises, bequests or conveyances of title to or interest in real

property to the people of the state of New York as he deems proper for

the purposes of the state.

7. Notwithstanding any other provision of this article, the facilities

development corporation may, subject to prior notice to the commissioner

of general services by filing a copy of the proposed instrument of

conveyance, convey an easement in or over state-owned lands under the

jurisdiction of the facilities development corporation for the use of

the department of mental hygiene for the connecting of a water main,

sewer line or other public services facility with a facility of any of

the offices of the department of mental hygiene, to the public

corporation or the public services corporation having ownership or

control of such utility facility, as provided in subdivision eight of

section five of the facilities development corporation act.

Vesting of crown lands in the people of the state. The absolute

property of all messuages, lands, tenements and hereditaments, and of

all rents, royalties, franchises, prerogatives, privileges, escheats,

forfeitures, debts, dues, duties and services by whatsoever names

respectively the same are called and known in the law, and all right and

title to the same, which next and immediately before the ninth day of

July, in the year of our Lord one thousand seven hundred and

seventy-six, did vest in, or belong, or was, or were due to the crown of

Great Britain be, and the same and each and every of them hereby are

declared to be, and ever since the said ninth day of July, in the year

of our Lord one thousand seven hundred and seventy-six, to have been,

and forever after shall be vested in the people of this state, in whom

the sovereignty and seigniory thereof, are and were united and vested,

on and from the said ninth day of July, in the year of our Lord one

thousand seven hundred and seventy-six.

Letters patent, form and contents; to be recorded in the office

of the secretary of state. All letters patent shall be in such form as

the commissioner of general services directs. All letters patent

granting unappropriated state lands, as defined by this chapter, shall

contain an exception and reservation of all gold and silver mines. All

letters patent shall be recorded in a book or books to be kept for that

purpose in the office of the department of state, and the record thereof

in any such book or a copy of any letters patent duly certified by the

secretary of state to be a copy of such record thereof, whether

heretofore or hereafter recorded, shall be received in evidence in any

court in this state with the same force and effect as the original of

such letters patent.

Determination of claims based on alleged failure of title.

Whenever a legal claim is made for a refund of purchase-money because of

the alleged failure of the title of the state to lands sold or granted

under its authority including any right, title or interest of the state

in and to lands under water, the commissioner of general services, if

satisfied that such claim is just and is made by a person entitled

thereto, may certify such facts to the court of claims, whereupon such

court is empowered to determine the amount of compensation, if any,

which should be awarded on account thereof, which in no event shall

exceed the amount of the purchase price originally paid for such land.

Partition of lands held by the state in joint tenancy or tenancy

in common. Whenever the commissioner of general services directs, the

attorney-general shall cause partition to be made of any real property

held in joint tenancy or tenancy in common, in which the people of the

state are interested, and for that purpose he may, in the name of the

people, do all such acts as any joint tenant or tenant in common is

authorized by law to do.

Trespasses upon state lands. Where, in the judgment of the

commissioner of general services, sufficient information has been

provided to her or him that a possible trespass upon state-owned lands

has occurred then the commissioner may investigate such allegations of

trespass upon state-owned lands. The commissioner of general services

may report to the attorney general instances of trespass committed upon

Indian lands, or lands and lands underwater belonging to the state, and

under the general care and superintendence of the commissioner. The

attorney general, on receiving such report and whenever directed by the

commissioner, shall commence and prosecute appropriate actions or

proceedings in the name of the people of the state, against the person

or entity committing such trespass.

Penalty for trespasses. Every person who shall trespass upon

Indian lands or any lands belonging to the state and under the general

care and superintendence of the commissioner of general services, any

lands belonging to the state which are under the jurisdiction of any

other state agency, department, board, officer, commission, institution,

public authority, public benefit corporation, or bi-state agency, by

cutting, removing, injuring or destroying trees growing thereupon,

shall, for every such offense, forfeit to the people of the state the

sum of two hundred fifty dollars per tree or treble damages or both,

based on the stumpage value, as defined in paragraph (c) of subdivision

six of section 71-0703 of the environmental conservation law, of such

tree or trees, and shall be liable for any permanent and substantial

damage caused to the land or the improvements thereon as a result of

such violation. Such reparations shall be of such kind, nature and

extent as will reasonably restore the lands affected by the violation to

their condition immediately before the violation and may be made by

physical restoration of such lands and/or by the assessment of monetary

payment to make such restoration.

Power to investigate before grant. Before granting any lands or

any interest therein, including lands under water, the commissioner of

general services may summarily inquire into the rights of the person

applying for such grant, on such proof as, by regulation, the

commissioner may prescribe. The commissioner may take testimony and

proofs in any matter or application before him, and the fees of

witnesses and the expense of procuring their attendance shall be paid

from the state treasury out of any funds available therefor by

appropriation, on the audit and warrant of the comptroller, on the

certificate of the commissioner. The commissioner shall establish

reasonable rules to guard against false or fraudulent applications and

for such other purposes as he may deem proper. At any such inquiry or

hearing, the commissioner may be represented by a deputy or other

representative designated by him.

Power to confirm defective grant. Whenever a sale is lawfully

made, or directed to be made by the commissioner of general services, or

has been made by his predecessor, the board of commissioners of the land

office, including a sale of land under water, if, at the time of the

making of the grant, the necessary jurisdictional facts existed to

authorize the grant, and by reason of accidental omission or manifest

error, the patent is not acutally issued, or has been issued to the

applicant deficient or manifestly erroneous in description or otherwise,

the commissioner may, in his discretion, and on such terms as seem to

him proper, cause to be issued to such applicant, or to persons deriving

claim or title from him subsequently to the making of the grant, a

release or confirmatory grant of such lands or any parts thereof, which

release or confirmatory grant shall vest in the grantee therein named

such right and estate, to the extent of the right or title of the state

in such lands, or parts thereof, as is therein named.

Certain patents and grants ratified. All patents of lands

issued before July eleventh, eighteen hundred and eighty-one, pursuant

to resolutions of the commissioners of the land office, and sold by them

at private sale to purchasers in good faith, purporting to convey the

right, title and interest of the people of this state in and to any

state lands, except lands under water in the bay or harbor of New York

or adjacent thereto, have been ratified and confirmed, to as full an

extent as though the same had been sold at public auction, according to

law, but not so as to affect any action pending July eleventh, eighteen

hundred and eighty-one, or to impair, release or discharge any right,

claim or interest of any person in and to such lands. All grants made

by the commissioners of the land office prior to March twenty-fifth,

eighteen hundred and forty-one, of parts of lots for which payments were

made and certified in the manner prescribed by law, have been confirmed.

Certain patents ratified and confirmed. Patents of real

property escheated to the state, granted before the sixteenth day of

May, eighteen hundred and ninety-two, pursuant to resolutions of the

commissioners of the land office, adopted under or in pursuance of

chapter two hundred and seventy-nine of the laws of eighteen hundred and

ninety, have been ratified and confirmed unto the patentees therein,

their heirs and assigns.

Grants to heirs, devisees or successors in interest. Where an

application for a grant of land, including land under water, is made by

any person who dies before a grant is ordered or issued, the heirs or

devisees of such person shall be entitled to such grant as if the

application had been made by such heirs or devisees. Where an

application for a grant of land under water is made by any person who

conveys the land adjacent to the land under water applied for, before a

grant is ordered or issued, the grantee of such adjacent land shall be

entitled to such grant as if the application had been made by such

grantee.

Time of performing conditions of grant. 1. The commissioner of

general services may, unless otherwise provided, fix a reasonable time,

not less than one year, for the performance of conditions by the

grantees of lands, including lands under water, directed to be granted

on the performance of conditions. If such conditions are not performed

within the time limited, the persons entitled to any benefit under such

grant shall forfeit all right to and title in the premises. If the

commissioner, after having caused an inspection to be made of the lands

granted, determines that the conditions contained in the letters-patent

have been complied with, he may issue a certificate to that effect. If

complete compliance has not been had, the commissioner, in his

discretion, may make an order to the effect that compliance had been had

with the conditions in such definitely described portion of lands

granted as have been improved. Such order shall be conclusive evidence

of the performance of the conditions contained in such letters-patent to

the extent stated in such order and as to lands described therein. When

the time within which any condition contained in any grant of land is

fixed by the terms of the grant, the commissioner may, for good cause

shown before the expiration of such time, extend the time within which

such condition is to be performed, not exceeding three years.

2. The commissioner may, in his discretion, upon application of the

grantee or his successor in interest, by order, alter, amend or cancel

any condition or conditions contained in letters-patent for land,

including lands under water, if satisfied by the reason or proof

submitted that such alteration, amendment or cancellation of condition

or conditions is just and is not detrimental to the interests of the

state.

Prohibitions as to grants in Lake George. 1. No grant or lease

of any of the islands in Lake George, or of any land upon any of such

islands, shall be made by the commissioner of general services.

2. No grant or lease of any lands under water in Lake George shall be

made by the commissioner unless the conservation department of the state

of New York shall, prior to the issuance of any such grant or lease,

advise the commissioner, in writing, that such grant or lease, if made,

will not result in a hazard to navigation, impair the scenic beauty of

Lake George or otherwise interfere with the use and enjoyment of Lake

George and its facilities by the people of the state. To assist the

department in making its determination, the department may hold a public

hearing at such time and place as it shall determine for the purpose of

receiving testimony and evidence.

Filling in the state owned bed of Lake George prohibited. 1.

No person or corporation shall fill in or cause to be filled in any land

of the state of New York lying below the mean low water line of Lake

George by dumping or placing rock, stone, concrete, dirt or other

similar material on said land without first obtaining a grant or lease

of the land to be filled in or an easement, license or permit to fill in

such land from the commissioner of general services.

2. This section shall not apply to a person or corporation placing

wooden or precast concrete timbers, logs or beams or cribs of wooden or

precast concrete timbers, logs or beams filled with rocks or stones on

the bed of Lake George for the sole purpose of constructing,

reconstructing or repairing the foundation, cribs or supports of a

private dock or a private one-story boat house legally erected or

maintained on the bed of said lake.

3. Any person or corporation violating the provisions of this section

on or after September first, nineteen hundred sixty-three shall be

guilty of a misdemeanor punishable by a fine of not more than five

hundred dollars and by an additional fine of not more than twenty-five

dollars for each day that such fill is left on land of the state lying

below the mean low water line of Lake George after a written notice to

remove the same has been personally served on the person who or

corporation which made said fill or caused said fill to be made by the

commissioner of general services or pursuant to his direction.

4. For the purposes of this section mean low water line of Lake George

shall mean the water level of Lake George at one and eighty-one

hundredths feet on the gage of the United States Geological Survey at

Rogers Rock on Lake George known as Rogers Rock gage.

Reservation of Esopus island. Esopus island, in Dutchess

county, is reserved from settlement, occupancy, lease or sale, and

dedicated and set apart as a public park. The commissioner of general

services shall have the same powers to protect such island from trespass

as he has over other public lands.

Payment of incumbrances on public lands; adverse claims; costs.

The commissioner of general services, whenever he deems it for the best

interest of the state may cause to be paid off and canceled any charges,

assessments, or incumbrances, other than the lien of a tax under article

ten of the tax law, existing on any lands belonging to the state or in

which the state has an interest, or may acquire any outstanding

undivided interest in such lands adverse to the title of the state, to

perfect in the state a title to any such lands, or to protect the

state's interest therein. Payments for any such purpose shall be made

from the state treasury, on the certificate of the commissioner and the

audit and warrant of the comptroller, out of moneys available therefor

by appropriation. Where the claim of title of the state to any land

within the Adirondack or Catskill parks or adjacent thereto is based on

a tax sale, the conservation department, with the consent of the

commissioner and subject to the approval of the governor and the

attorney-general, may, pursuant to the provisions of chapter five

hundred and sixty-nine of the laws of nineteen hundred and sixteen and

acts supplemental thereto and amendatory thereof, and chapter sixteen of

the laws of nineteen hundred twenty-six, whenever there is an adverse

claim or claims of title to such lands, acquire by purchase a deed or

conveyance of such lands from the person or persons so claiming

adversely on such terms and conditions as such state officials may deem

for the best interests of the state and to avoid litigation. In an

action for partition of or to foreclose a mortgage on such lands wherein

the commissioner is so empowered, the plaintiffs shall not be entitled

to costs if the people of the state are made a party defendant, unless

the commissioner after a full presentation of the facts to him shall

have determined before such action is brought against the state that the

interests of the state did not warrant his making an order for the

payment or cancellation of such mortgage, lien or incumbrance, or any

amount due thereon, or for the acquisition of any outstanding undivided

interest adverse to the state, or pursuant to this section, or unless

the commissioner shall have failed to make such determination within

three months after such full presentation of facts shall have been made

to him by a verified statement in writing, and filed with the

commissioner at his office in the city of Albany, nor unless a certified

copy of the designated commissioners' report of partition, and of the

referee's or sheriff's report of sale, in case of a sale, filed in the

action shall have been duly served upon the attorney-general; and in no

such case wherein the people are made a party defendant because of an

interest other than the lien of a tax under article ten of the tax law,

shall any additional allowance under sections fourteen hundred and

seventy-four or fourteen hundred and seventy-five of the civil practice

act be made to the plaintiff.

Abandonment of claims under defective tax sales; recovery of

taxes paid thereon by state. Where the claim of title of the state to

any land is based on a tax sale, which title in the opinion of the

attorney-general would be declared void by the courts, the commissioner

of general services, on the filing with him of such opinion and the

evidence upon which such opinion was based, may, by order, abandon any

claim of title to such land, but, notwithstanding such abandonment, the

people of the state shall have a lien upon the real property affected by

the abandonment, prior and superior to all other liens, for the amount

of all taxes, fees and charges admitted or paid by the people upon such

real property to the date of the abandonment of the state's claim of

title, together with interest thereon from the dates of payment.

Provided such lien remains unpaid after the expiration of one year from

the date of the abandonment, the people of the state may foreclose such

lien as a mortgage on real property is foreclosed; but in any such

action establishment of payments of taxes on said land or any part

thereof by the adjudged or admitted owner of the property during any of

the same years in which payments were also made by the people of the

state shall reduce the lien of the people by the larger of the two tax

payments for each of the years affected by duplicate payments, and in

the event that wholly identical areas are not affected by the duplicate

payments the court shall have power to apportion and adjust the amount

of the lien as equity may require. This remedy for recovery of tax

payments shall be in addition to any other remedy now or hereafter

available in law or in equity, and shall be without prejudice to any

defense or offset available to an adverse claimant in law or in equity.

Expenses chargeable to special funds. All expenses of surveys,

appraisements or other expenses attendant on the sale of any lands

belonging to any of the special funds of the state, shall be chargeable

on and paid out of the funds, respectively, to which such lands belong.

Taxes and assessments for local improvements on state lands. A

person, body or board authorized to assess lands for local improvements

or purposes, shall submit to the comptroller of the state an invoice of

assessment on state lands, showing the purpose for which the assessment

is made, the state lands assessed and the amounts for which they are

assessed, and referring to the law authorizing the assessment. No fee,

interest, penalty or expense shall be added to or accrue on any

assessment against state lands, nor shall such lands be sold therefor;

but such assessments shall, if confirmed and uncontested, be paid and

discharged out of any moneys appropriated therefor. All sales of state

lands for unpaid taxes or assessments for local improvements or purposes

are void. All taxes and assessments legally made on state lands, and all

legal rents or charges thereon, shall be audited by the comptroller and

paid out of the treasury. On or before January fifteenth the

comptroller, in consultation with the board of real property tax

services and other agencies as may be appropriate, shall submit to the

governor and the legislature an annual accounting of taxes and

assessments paid pursuant to this section during the preceding and

current fiscal years. Such accounting shall include, but not be limited

to the number, type and amount of such payments, as well as an estimate

of payments to be made during the remainder of the current fiscal year

and during the following fiscal year. If any provision of this section

conflict with any provision of any other general, special or local law,

this section shall prevail; and no other general, special or local law

shall be deemed to repeal, alter or abridge any provision of this

section, unless this section or this article or this chapter be

expressly and specifically referred to therein. This section shall

extend, in its operation and effect, so as to include all actions and

proceedings, whether judicial or administrative, heretofore commenced

under any general, special or local law and now pending.

State aid; certain state-leased or state-owned lands. 1. State

aid shall be payable to any city having a population of seventy-five

thousand or more inhabitants, according to the most recent federal

decennial census, when on any assessment roll the taxable assessed

valuation in such city is decreased in any year by reason of the

acquisition of lands and improvements thereon by the state or an agency

of the state for use thereof or for the construction of facilities for

any purpose other than highway purposes, and the sum of the amount of

such decrease in taxable assessed valuation and the amount of the

assessed valuation of other property owned by the state or agency of the

state, excluding any such property owned or used by a state public

authority, which is exempt from taxation, is equal to or exceeds

twenty-five percent of the total taxable assessed valuation of such

roll.

2. The state aid payable to a city pursuant to this section shall be

computed and paid as follows:

(1) Commencing with the first fiscal year of such city subsequent to

the taxable status date of the assessment roll of such city occurring

after the acquisition of such land and improvements thereon by the state

or agency of the state and for each fiscal year thereafter to and not

including the first fiscal year of such city subsequent to the taxable

status date of such roll occurring after the final completion of

construction of such facilities on such land, an amount shall be paid

equal to the amount of taxes levied by or in behalf of the city against

such lands and the improvements thereon on the last assessment roll

finally completed prior to the acquisition by the state or agency of the

state;

(2) Commencing with the first fiscal year of such city subsequent to

the taxable status date of the assessment roll of such city occurring

after the final completion of the construction of such facilities and

for each fiscal year thereafter for the period of probable usefulness as

set forth in section sixty-one of the state finance law of such

facilities or of such lands on which the facilities are constructed

whichever is longer but in no event to exceed a period of thirty years,

an amount equal to one percent of the sum of the actual acquisition cost

of the land and the improvements thereon and the actual cost of the

construction of facilities thereon, provided, however, that the state

director of the budget and the mayor of a city with the approval of the

legislative body of such city may agree in writing that such state aid

may be an amount less than herein provided or that such city shall not

make application for any such aid under this section; and

(3) The aggregate amount of state aid paid pursuant to this section,

exclusive of the amount of state aid paid pursuant to subdivision two-a

of this section, shall in no event exceed the aggregate amount of state

aid provided in paragraph two of this subdivision.

2-a. (1) Notwithstanding any provision of this section to the

contrary, in addition to state aid otherwise payable pursuant to this

section, there shall be payable to any city located in a county in which

there has been constructed a state office building project in accordance

with the provisions of chapter one hundred fifty-two of the laws of

nineteen hundred sixty-four, as amended, and pursuant to an agreement

entitled the "South Mall contract" dated May eleventh, nineteen hundred

sixty-five, state aid in accordance with the following schedule:

State Fiscal Year

Amount

2000-2001 $4,500,000

2001-2002 $4,500,000

2002-2003 $4,500,000

2003-2004 $9,850,000

2004-2005 $16,850,000

2005-2006 $22,850,000

2006-2007 $22,850,000

2007-2008 $22,850,000

2008-2009 $22,850,000

2009-2010 $22,850,000

2010-2011 $22,850,000

2011-2012 $15,000,000

2012-2013 $22,850,000

2013-2014 $22,850,000

2014-2015 $15,000,000

2015-2016 $15,000,000

2016-2017 $27,500,000

2017-2018 $15,000,000

2018-2019 $15,000,000

2019-2020 $15,000,000

2020-2021 $15,000,000

2021-2022 $15,000,000

2022-2023 $15,000,000

2023-2024 $15,000,000

2024-2025 $15,000,000

2025-2026 $15,000,000

2026-2027 $15,000,000

2027-2028 $15,000,000

2028-2029 $15,000,000

2029-2030 $15,000,000

2030-2031 $15,000,000

2031-2032 $1,800,000

(2) The state aid payable to any such city pursuant to this

subdivision shall be the sole and exclusive state aid payable pursuant

to this section to any such city with respect to the state-leased or

state-owned lands referenced in this subdivision. Any such city shall

continue to be eligible for the payment of state aid pursuant to the

other provisions of this section but not with respect to the

state-leased or state-owned lands referenced in this subdivision.

(3) State aid otherwise payable on account of the real property

described in this subdivision shall no longer be paid if title to such

real property is conveyed to a person or entity other than the state or

an agency of the state.

(4) The state aid payable under paragraph one of this subdivision

shall be payable upon application to the state comptroller by the chief

fiscal officer of a city which qualifies for aid pursuant to this

subdivision. The application shall be made on a form prescribed by such

comptroller and shall contain such information as such comptroller shall

require. Upon approval of the application and determination by such

comptroller of the amount of state aid payable under this subdivision,

such state aid shall be paid upon the warrant of such comptroller.

Annual payment shall be made to a qualified city not later than December

first in each year commencing with the year two thousand and ending in

the year two thousand ten. Thereafter, payment shall be made to a

qualified city in two equal installments, the first occurring no earlier

than April first and no later than May first, the second occurring no

earlier than October first and no later than November first. Such

payments shall conclude in the year two thousand thirty-two. Provided

however, that any such payment shall be reduced by any amount necessary

to meet eligible obligations of the Albany convention center authority,

as created by section twenty-six hundred seventy-five-d of the public

authorities law and as certified by the chairperson of said authority,

provided that such certification in such form as the authority deems

desirable, but including at a minimum the exact amount of payment

required to satisfy the authority's obligations pursuant to section

twenty-six hundred seventy-five-ii of the public authorities law is

delivered to the state comptroller no later than March first and

September first, respectively. The state comptroller, upon receipt of

such certificate from the authority, shall withhold from the qualified

city state aid payable to such qualified city, to the extent necessary

to meet the required amount of payments pursuant to such certificate.

The state comptroller shall pay over to the authority the amount so

withheld on or before March fifteenth and September fifteenth,

respectively, and shall remit any remaining amount of such installment

payment to the qualified city, as otherwise provided by this

subdivision.

3. Such state aid shall be payable upon application to the state

comptroller by the chief fiscal officer of a city which qualifies for

aid pursuant to this section. The application shall be made on a form

prescribed by such comptroller and shall contain such information as

such comptroller shall require. The state comptroller is hereby

authorized to determine and certify the actual acquisition cost of lands

and the improvements thereon and the actual cost of construction of

facilities for the purposes of this section. The state comptroller is

hereby authorized and empowered to adjust from time to time the annual

payments of state aid made pursuant to paragraph two of subdivision two

of this section so that to the extent practicable such payments shall be

in equal annual amounts and so that the limitation set forth in

paragraph three of subdivision two of this section shall not be

exceeded. In the event that title to any such land and improvements

thereon or facilities constructed thereon shall cease to be in the state

or agency of the state, no further state aid shall be paid pursuant to

this section for any fiscal year of the city subsequent to the fiscal

year of the city in which title to such land, improvements thereon and

facilities constructed thereon shall have ceased to be in the state or

agency of the state. Upon approval of the application and determination

of such costs by the state comptroller, such state aid shall be paid

upon his warrant. On or before January fifteenth the comptroller, in

consultation with the commissioner of taxation and finance and other

agencies as may be appropriate, shall submit to the governor and the

legislature an annual accounting of state aid paid pursuant to this

section during the preceding and current fiscal years. Such accounting

shall include, but not be limited to the number, type and amount of such

payments, as well as an estimate of payments to be paid during the

remainder of the current fiscal year and during the following fiscal

year. Provided, however, where title to such land and improvements is

held by the New York state teachers' retirement system, the New York

state and local employees' retirement system, or the New York state and

local police and fire retirement system, the state shall have no

liability whatsoever for any amounts payable pursuant to this section.

Upon approval of the application and determination of such costs, as

provided herein, such retirement systems shall directly pay such city

the amount which would have been due as state aid hereunder had title

been held by the state.

4. State aid payable pursuant to this section, exclusive of the state

aid paid pursuant to subdivision two-a of this section, shall apply only

to such lands and improvements thereon acquired by the state or agency

of the state subsequent to the effective date of this act and to

facilities owned by the state or agency of the state which were

constructed on such lands subsequent to the effective date of this act.

5. The taxable assessed valuation of land acquired by the state or

agency of the state for any purpose other than highway purposes shall be

determined from the second assessment roll preceding the first

assessment roll affected by the acquisition and shall include the

assessed valuation of any improvement on such land at the time of

acquisition. The assessed valuation of property owned by the state or

agency of the state exempt from taxation shall be determined from the

assessment roll immediately preceding the last assessment roll finally

completed prior to the effective date of this act.

6. In making computations and determinations, other than those made

pursuant to subdivision two-a of this section, pursuant to this section

there shall be taken into account changes in levels of assessment as

defined in paragraph g of subdivision one of section fifty-four-b of the

state finance law as determined by the commissioner of taxation and

finance and certified to the state comptroller.

7. The term "facilities" shall have the same meaning as the term "real

property" as defined in subdivision twelve of section one hundred two of

the real property tax law except it shall not include the land on which

such facilities are located.

8. The term "agency of the state" shall include but shall not be

limited to state public authorities.

9. The term "state public authority" means a public benefit

corporation, either declared to be such under the law by which the same

was created or as defined in subdivision four of section three of the

general corporation law, whose membership is required by law to consist

entirely of members who are appointed by the governor or other state

officer or who serve as members as ex officio state officers.

10. The term "legislative body" shall have the same meaning as defined

in section two of the municipal home rule law.

State aid; certain state-owned or reacquired lands. 1. State

aid shall be payable to any municipal corporation or special district as

such terms are defined by section one hundred two of the real property

tax law and hereinafter collectively referred to in this section as

"taxing authority", when on any assessment roll the taxable assessed

valuation in such taxing authority is decreased in any year by reason of

the transfer of title or possession of land or improvements thereon to

the state or an agency of the state located at West Valley, Cattaraugus

county and theretofore utilized by the corporation known as "Nuclear

Fuel Services, Inc.".

2. The state aid payable to a taxing authority pursuant to this

section shall be computed and paid during the first fiscal year of any

such taxing authority commencing on or after January first, nineteen

hundred eighty-one, and during each fiscal year thereafter. Such state

aid shall in each year be equal to the amount of taxes levied or which

would have been levied by or in behalf of the taxing authority against

such lands and the improvements thereon on the last assessment roll

finally completed in nineteen hundred eighty.

3. Such state aid shall be payable upon application to the state

comptroller by the chief fiscal officer of the taxing authority which

qualifies for aid pursuant to this section. The application shall be

made on a form prescribed by such comptroller and shall contain such

information as such comptroller shall require. On or before January

fifteenth the comptroller, in consultation with the board of real

property services and other agencies as may be appropriate, shall submit

to the governor and the legislature an annual accounting of state aid

paid pursuant to this section during the preceding and current fiscal

years. Such accounting shall include, but not be limited to the number,

type and amount of such payments, as well as an estimate of payments to

be made during the remainder of the current fiscal year and during the

following fiscal year.

Grants of lands in Onondaga salt springs reservation designated

on certain map. All grants of lands made by the people of this state of

any lands in the Onondaga salt springs reservation prior to March

twenty-eight, in the year eighteen hundred forty-three, shall be deemed

and considered as having been granted according to the designations upon

the map of said reservation made by John Randel, junior, formerly on

file in the office of the state engineer and surveyor and now on file in

the office of the department of transportation, and not as designated

upon the map of said reservation made by said Randel, formerly on file

in the office of the secretary of state and now on file in the office of

his department.

Conveyance of strips of abandoned canal lands and Onondaga salt

springs reservation land. a. The commissioner of general services is

authorized, in his discretion, to sell and convey at public or private

sale, upon such terms and conditions as he may deem proper, all the

right, title and interest of the state in and to certain strips of

abandoned canal lands or Onondaga salt springs reservation land, which

strips adjoin the old beds of the Erie canal and Oswego canal and

side-cut canals, which beds were heretofore conveyed by the people of

the state of New York and in which said strips of land there remains a

right, title or interest in the people of the state of New York. Any

such private sale, if made, shall be to the state's grantee or to the

successor to the title or interest of the beds so previously granted by

the state and shall be for a consideration not less than the appraised

value of the said right, title or interest.

b. 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, all the right, title and interest of

the state in and to any parcel of land of the Onondaga salt springs

reservation to the person or persons having a deed of record of such

land, or their successors in interest, since the first day of January,

eighteen hundred ninety-nine, or to any person or persons who have been

in continuous, open, notorious and adverse possession of such land since

the first day of January, eighteen hundred ninety-nine.

Management of sand and gravel resources. 1. The commissioner of

general services is authorized to manage, license and regulate the

removal of sand, gravel or other material by dredging or otherwise from

state owned land now or formerly under water, except such lands

specified in subdivision two of this section, and to collect rents,

royalties or other fees in connection therewith. The commissioner is

also authorized to manage the use of such lands under water, including

but not limited to the filling in thereof, in any way and to collect

rents and fees in connection therewith, subject to applicable regulatory

statutes.

2. There are excluded from the commissioner's authorization by

subdivision one of this section the following functions and actions:

a. The taking of sand, gravel or other materials from lands of the

state under the waters of Lake Erie bordering upon Chautauqua county,

except that the commissioner may license and regulate the taking of

sand, gravel and other materials from lands of the state under the

waters of Lake Erie at the mouths of Walnut creek, Silver creek and

Cattaraugus creek, in the town of Hanover, Chautauqua county, and may

prescribe the terms and conditions under which the same may be taken,

including the amount of license fees.

b. The taking of sand, gravel or other materials from the lands in, on

or bordering upon Long Island, except that when in the opinion of the

United States government, as evidenced by the recommendation of the

corps of engineers of the United States army and authorized by the

secretary of the army, removal of such sand, gravel or other materials

becomes necessary for the improvement of navigation, the commissioner

may license and regulate the removal of such materials upon such terms

and conditions as he may deem advisable, including the amount of license

fees therefor.

c. The management and use of any such lands under water appropriated

to any department or agency except upon written consent of the head of

that department or agency.

3. License fees shall not be discriminatory, but this provision shall

not require the fixing of a uniform license fee throughout the state.

After the adoption of regulations by the commissioner, it shall be

unlawful to take or remove from lands of the state under water any sand,

gravel or other material without license issued pursuant to this

section.

4. The commissioner may, in his discretion and upon such terms and

conditions, including consideration, as to him shall seem just and

proper, authorize the taking of soil from state land under water where

such soil is to be taken by an upland owner bordering on state land

under water for the improvement or the protection of his upland from the

action of the water, or for the restoration, in whole or in part, of his

upland where there has been sudden washing away and loss of soil thereof

by violent storm and consequent avulsion, but where the title to his

land has not been lost, the boundary line remaining the same. The

preceding provisions of this section, respecting the management,

regulation, licensing or taking of sand, gravel or other material from

state land under water, are not affected by the provisions hereof

respecting the taking of soil by the upland owner.

Disposition of moneys received from sale of certain state lands

and sand and gravel thereon. All moneys received by the commissioner of

general services from the sale of sand and gravel on, or from the sale

of, any land of the state, or from the grant of rights or easements

therein or thereover, not including land under water provision with

respect to which is made in section seventy-five of this chapter, and

not including abandoned canal lands provision with respect to which is

made under article four of this chapter and not including certain

detached parcels of forest preserve lands with respect to which

provision is made in section twenty-four of this chapter, shall be paid,

less any refunds made pursuant to section twenty-six of this law, and

less any sum required to be deposited to the credit of the environmental

protection fund provision with respect to which is made by chapter six

hundred ten of the laws of nineteen hundred ninety-three, into the state

treasury through the office of general services to the credit of the

capital construction fund established by section ninety-three of the

state finance law. All such moneys received during a month, less any

refunds, shall be so paid on or before the fifteenth day of the

succeeding month.

Sale or exchange of certain detached parcels of forest preserve

lands. Any state department or agency, at the time having jurisdiction

over any of the lands hereinafter specified, may consent to a sale or

exchange by the commissioner of general services of any lands of the

state, now owned or hereafter acquired, constituting the forest

preserve, but outside of the Adirondack and Catskill parks as now fixed

by law and not acquired or dedicated for the practice of forest or wild

life conservation, and consisting in any case of not more than one

hundred contiguous acres entirely separated from any other portion of

the forest preserve. Upon such consent being filed with the

commissioner in writing, accompanied by a description of such lands, the

commissioner may in his discretion sell or exchange any of such lands in

accordance with the consent.

All sales shall be subject to and governed by the provisions of

sections thirty-three, thirty-five, thirty-seven, thirty-seven-a,

thirty-eight, thirty-eight-a and thirty-nine of this chapter, being

general provisions governing the sale of unappropriated state lands.

All moneys derived by the commissioner from such sales, not including

any refunds made pursuant to section twenty-six of this law, shall be

paid first to repay any expenditures made by the office of general

services with relation to forest preserve lands from moneys appropriated

to said office in the first instance for the administration, management,

utilization and disposition of real property of the state and any rights

or interests therein, and any balance of such moneys remaining after

repayment of the first instance expenditures shall be paid through the

office of general services into a special fund of the state treasury,

provided for that purpose by the state finance law and known as the

forest preserve expansion fund, and shall be expended only as provided

in that law. All of such moneys received during any month shall be so

paid on or before the fifteenth day of the succeeding month.

All exchanges shall be only for additional lands for the forest

preserve within either the Adirondack or Catskill park as now fixed by

law and shall be subject to approval by the attorney general of the

title to the lands thus to be acquired by the state.

Sale or exchange of real property owned by the state and devoted

to the use of the organized militia. Upon the filing with the

commissioner of general services by the adjutant general of his

certificate in writing of his determination that certain real property

owned by the state and devoted to the use of the organized militia of

the state is no longer needed or adapted for such use and consenting

that the same be sold or exchanged by the commissioner pursuant to the

provisions of this section, the commission, if such certificate and

consent be approved by the director of the budget and be accompanied by,

annexed to, or endorsed upon an accurate map and description of such

real property, may sell or exchange such real property in accordance

with and subject to the terms, if any, of such consent. All sales of

any such property shall be in accordance with the procedure specified in

article three of this chapter for the sale of unappropriated state

lands. Upon compliance by the purchaser with the terms of sale, or, in

the case of an exchange of lands, with the terms of the order of the

commissioner authorizing such exchange, the sale or exchange shall be

consummated by the issuance of letters patent granting the state-owned

real property. All moneys constituting the proceeds of any such

disposition of such state-owned real property shall be paid, less any

refunds made pursuant to the provisions of section twenty-six of this

law, first to repay any expenditures made by the office of general

services from moneys appropriated to said office in the first instance

for the administration, management, utilization and disposition of real

property of the state and any rights or interests therein, and any

balance of such moneys remaining after repayment of the first instance

expenditures shall be paid into the state treasury through the office

of general services to the credit of the capital projects fund

established by section ninety-three of the state finance law.

Refunds when sales cannot be completed. Within three years

after the receipt thereof, moneys heretofore received by the division of

the land office in the department of state and transferred to the office

of general services or heretofore or hereafter received by the office of

general services on account of sales of interests in real property

ordered by the office of general services or its predecessor, the board

of commissioners of the land office, may be refunded to the person or

party for whose account same were received, upon satisfactory proof

being submitted to the commissioner of general services that the sale or

sales so ordered cannot be completed by the issuance of letters patent

or an instrument of conveyance.

Notwithstanding the provisions of section one hundred twenty-one of

the state finance law, such refunds shall, upon approval by the

commissioner of general services and after audit by the comptroller, be

paid from any moneys in the custody of the office of general services or

heretofore transferred or received from the division of the land office

as proceeds of sale of real property, except that moneys derived from

the sale of detached parcels of forest preserve lands as provided in

section twenty-four of the public lands law shall not be used to make

refunds with respect to inability to complete sales affecting other

lands and such moneys shall be the sole fund from which to make refunds

in cases of inability on the part of the state to complete sales, as

aforesaid, of such detached parcels of forest preserve lands.

Acquisition of real property by purchase or appropriation. 1.

The commissioner of general services when moneys therefor have been

appropriated by the legislature or are otherwise available, may acquire

any real property which he deems necessary for the implementation or

accomplishment of any statutory purpose, function, operation or

responsibility of the commissioner of general services or the office of

general services, by purchase or as provided in the eminent domain

procedure law. Title to such real property shall be taken in the name of

and be vested in the people of the state of New York. No real property

shall be so acquired by purchase unless the title thereto is approved by

the attorney general. The terms "property" or "real property" as used in

this section shall mean "real property" as defined by section one

hundred three of the eminent domain procedure law.

2. Whenever real property is to be so acquired pursuant to the

provisions of the eminent domain procedure law the commissioner of

general services shall cause to be made an accurate acquisition map as

so provided in said law.

3. On the approval of such map by the commissioner of general

services, the original tracing of the map shall, pursuant to the eminent

domain procedure law, be filed in the main office of the office of

general services.

4. If the commissioner of general services shall determine, prior to

the filing of a copy of such acquisition map in the office of the county

clerk, that changes, alterations or modifications of such map as filed

in the main offices of the office of general services should be made, he

or she shall, subject to the provisions of article two of the eminent

domain procedure law, if applicable, direct the preparation of an

amended map. On the approval of such amended map by the commissioner, it

shall be filed in his or her office and he or she shall cause a

certified copy of such amended map to be filed in the office in the same

manner as the original map was filed and the amended map shall thereupon

in all respects and for all purposes supersede the map previously filed.

5. If the commissioner of general services shall determine, prior to

the filing of a copy of an acquisition map in the office of the county

clerk, as provided in section four hundred two of the eminent domain

procedure law, that such map should be withdrawn, he or she shall file a

certificate of withdrawal in the offices of the office of general

services and of the department of law. Upon the filing of such

certificate of withdrawal, the map to which it refers shall be cancelled

and all rights thereunder shall cease and terminate.

6. The commissioner of general services shall deliver to the attorney

general a copy of such acquisition map, whereupon it shall be the duty

of the attorney general to advise and certify to the commissioner the

names of the owners of the real property described in the said

acquisition map, including the owners of any right, title or interest

therein, pursuant to the requirements of section four hundred three of

the eminent domain procedure law.

7. If, at or after the vesting of title to such property in the people

of the state of New York in the manner provided for in the eminent

domain procedure law, the commissioner of general services shall deem it

necessary to cause the removal of an owner or other occupant from such

property, he may cause such owner or occupant to be removed therefrom by

proceeding in accordance with section four hundred five of such law. The

proceeding shall be brought in the name of the commissioner as agent of

the state and the attorney general shall represent the petitioner in the

proceedings. No execution shall issue for costs, if any, awarded against

the state or the commissioner, but they shall be part of the costs of

the acquisition of the real property and be paid in like manner.

Proceedings may be brought separately against one or more of the owners

or occupants of any such property, or one proceeding may be brought

against all or several of the owners or occupants of any or all such

property within the territorial jurisdiction of the same court, justice

or judge; judgment shall be given for immediate removal of persons

defaulting in appearance or in answering, or withdrawing their answers,

if any, without awaiting the trial or decision of issues raised by

contestants, if any.

8. Upon making any agreement provided for in section three hundred

four of the eminent domain procedure law, the commissioner of general

services shall deliver to the comptroller such agreement and a

certificate stating the amount due such owner or owners thereunder on

account of such appropriation of his or their property and the amount so

fixed shall be paid out of the state treasury after audit by the

comptroller from moneys appropriated for the acquisition of such real

property, but not until there shall have been filed with the comptroller

a certificate of the attorney general showing the person or persons

claiming the amount so agreed upon to be legally entitled thereto.

9. Application for reimbursement as provided in section seven hundred

two of the eminent domain procedure law shall be made to the

commissioner of general services upon forms prescribed by him and shall

be accompanied by such information and evidence as the commissioner may

require. Upon approval of such application, the commissioner shall

deliver a copy thereof to the comptroller together with a certificate

stating the amount due thereof, and the amounts so fixed shall be paid

out of the state treasury after audit by the comptroller from moneys

appropriated for the acquisition of property under this section.

10. The commissioner of general services, with the approval of the

director of the budget, shall establish and may from time to time amend

rules and regulations authorizing the payment of actual reasonable and

necessary moving expenses of occupants of property acquired pursuant to

this section; of actual direct losses of tangible personal property as a

result of moving or discontinuing a business or farm operation, but not

exceeding an amount equal to the reasonable expenses that would have

been required to relocate such property, as determined by the

commissioner; of actual reasonable expenses in searching for a

replacement business or farm; and of actual reasonable expenses

necessary to reestablish a displaced farm, not-for-profit organization

or small business at its new site, but not to exceed ten thousand

dollars, or in hardship cases for the advance payment of such expenses

and losses. In lieu of such actual reasonable and necessary moving

expenses, any such displaced owner or tenant of residential property may

elect to accept a moving expense allowance, plus a dislocation

allowance, determined in accordance with a schedule prepared by the

commissioner and made a part of such rules and regulations. In lieu of

such actual reasonable and necessary moving expenses and actual

reasonable reestablishment expenses, any such displaced owner or tenant

of commercial property who meets eligibility criteria and relocates or

discontinues his business or farm operation may elect to accept a fixed

relocation payment in an amount equal to the average annual net earnings

of the business or farm operation, except that such payment shall be not

less than one thousand dollars nor more than twenty thousand dollars. A

displaced not-for-profit organization may choose a fixed payment of one

thousand to twenty thousand dollars in lieu of the payment for actual

moving and related expenses and actual reasonable reestablishment

expenses if eligibility criteria are met. Application for payment under

this subdivision shall be made to the commissioner upon forms prescribed

by him and shall be accompanied by such information and evidence as the

commissioner may require. Upon approval of such application, the

commissioner shall deliver a copy thereof to the comptroller together

with a certificate stating the amount due thereunder, and the amount so

fixed shall be paid out of the state treasury after audit by the

comptroller from moneys appropriated for the acquisition of property

under this section. As used in this subdivision the term "commercial

property" shall include property owned by an individual, family,

partnership, corporation, association or a not-for-profit organization

and includes a farm operation. As used in this subdivision the term

"business" means any lawful activity, except a farm operation, conducted

primarily for the purchase, sale, lease and rental of personal and real

property, and for the manufacture, processing, or marketing of products,

commodities, or any other personal property; for the sale of services to

the public; or by a not-for-profit organization. The term "small

business" means a business having not more than five hundred employees

working at the site being acquired or permanently displaced. As used in

this subdivision the term "farm operation" means any activity conducted

solely or primarily for the production of one or more agricultural

products or commodities including timber for sale or home use, and

customarily producing such products or commodities in sufficient

quantities to be capable of contributing materially to the operator's

support.

11. The commissioner of general services pursuant to section three

hundred five of the eminent domain procedure law, may make agreements on

such terms, conditions and consideration as he deems beneficial to the

state with respect to any property heretofore or hereafter acquired,

whereby such property may be used and occupied by the former owner,

tenant or by any other party from a date specified in said agreement,

until such time as the state requires and obtains actual physical

possession. The agreements for the use and occupancy of such property

may be managed, supervised and enforced (a) by the staff, forces and

equipment of the office of general services; or (b) by the commissioner

of general services contracting for the management, supervision and

enforcement thereof with any person, firm or corporation; or (c) by a

combination of such methods.

The use and occupancy of such property under the provisions of this

section and the right of the state or its duly authorized agent to

recover possession thereof shall not be subject to the emergency housing

rent control law.

Expenses which are determined by the commissioner to have been

incurred in connection with the use and occupancy of such property may

be paid out of the state treasury after audit by the comptroller from

moneys appropriated for the duly authorized project for which the

property was acquired. However, such expenses incurred under a contract

for management and supervision of such property may be paid out of the

gross revenue therefrom. All moneys received by the commissioner for

such use or occupancy shall be paid into the treasury of the state to

the credit of the capital projects fund.

12. Authorization is hereby given to the commissioner of general

services to make supplemental relocation payments, separately computed

and stated, to displaced owners and tenants of residential property

acquired pursuant to this section who are entitled thereto, as

determined by him. The commissioner, with the approval of the director

of the budget, may establish and from time to time amend rules and

regulations providing for such supplemental relocation payments or

replacement housing. Such rules and regulations may further define the

terms used in this subdivision. In the case of property acquired

pursuant to this section which is improved by a dwelling actually owned

and occupied by the displaced owner for not less than one hundred eighty

days immediately prior to initiation of negotiations for the acquisition

of such property, such payment to such owner shall not exceed twenty-two

thousand five hundred dollars. Such payment shall be the amount, if any,

which, when added to the acquisition payment equals the average price,

established by the commissioner on a class, group or individual basis,

required to obtain a comparable replacement dwelling that is decent,

safe and sanitary to accommodate the displaced owner, reasonably

accessible to public services and places of employment and available on

the private market, but in no event shall such payment exceed the

difference between acquisition payment and the actual purchase price of

a replacement dwelling which is decent, safe and sanitary. Such payment

shall include an amount which will compensate such displaced owner for

any increased interest costs which such person is required to pay for

financing the acquisition of any such comparable replacement dwelling.

Such amount shall be paid only if the dwelling acquired pursuant to this

section was encumbered by a bona fide mortgage which was a valid lien on

such dwelling for not less than one hundred eighty days prior to the

initiation of negotiations for the acquisition of such dwelling. Any

such mortgage interest differential payment shall, notwithstanding the

provisions of section twenty-six-b of the general construction law, be

in lieu of and in full satisfaction of the requirements of such section.

Such payment shall include reasonable expenses incurred by such

displaced owner for evidence of title, recording fees and other closing

costs incident to the purchase of the replacement dwelling, but not

including prepaid expenses. Such payment shall be made only to a

displaced owner who purchases and occupies a replacement dwelling which

is decent, safe and sanitary within one year subsequent to the date on

which he is required to move from the dwelling acquired pursuant to this

section or the date the commissioner identifies, for the displaced

owner, replacement housing actually available within the limits of the

offer extended for replacement housing, whichever occurs later, except

advance payment of such amount may be made in hardship cases. In the

case of property acquired pursuant to this section from which an

individual or family, not otherwise eligible to receive a payment

pursuant to the above provisions of this subdivision, is displaced from

any dwelling thereon which has been actually and lawfully occupied by

such individual or family for not less than ninety days immediately

prior to the initiation of negotiations for the acquisition of such

property, such payment to such individual or family shall not exceed

five thousand two hundred fifty dollars. Such payment shall be the

amount which is necessary to enable such individual or family to lease

or rent for a period not to exceed forty-two months, a decent, safe, and

sanitary dwelling of standards adequate to accommodate such individual

or family in areas not generally less desirable in regard to public

utilities and public and commercial facilities and reasonably accessible

to his place of employment. Such payment may be used as a down payment,

including reasonable expenses incurred by such individual or family for

evidence of title, recording fees, and other closing costs incident to

the purchase of the replacement dwelling, but not including prepaid

expenses, on the purchase of a decent, safe and sanitary dwelling of

standards adequate to accommodate such individual or family in areas not

generally less desirable in regard to public utilities and public and

commercial facilities. Such payments may be made in installments as

determined by the commissioner. However, notwithstanding the provisions

of this subdivision, if it is determined by the commissioner that

replacement housing cannot be obtained for the supplemental relocation

payments specified herein, he may, subject to the approval of the

director of the budget, take such action as is necessary or appropriate

to provide last resort housing with the use of funds authorized for the

project. Application for payment under this subdivision shall be made to

the commissioner upon forms prescribed by him and shall be accompanied

by such information and evidence as the commissioner may require. Upon

approval of such application, the commissioner shall deliver a copy

thereof to the comptroller, together with a certificate stating the

amount due thereunder, and the amount so fixed shall be paid out of the

state treasury after audit by the comptroller from moneys appropriated

for the acquisition of property under this section.

13. Any owner of real property acquired pursuant to this section may

present to the court of claims, pursuant to section five hundred three

of the eminent domain procedure law, a claim for the value of such

property appropriated and for legal damages, as provided by law for the

filing of claims with the court of claims. Awards and judgments of the

court of claims shall be paid in the same manner as awards and judgments

of that court for the acquisition of lands generally and shall be paid

out of the state treasury after audit by the comptroller from moneys

appropriated for the acquisition of such real property.

14. Expenses incurred in the acquisition of the real property,

including the cost of making surveys, and preparing descriptions and

maps of property to be acquired, and of administrative duties in

connection therewith, serving notices, making appraisals and agreements

and of searches ordered and examinations and readings of title made by

the attorney general, and expenses incurred by the commissioner of

general services or attorney general in proceedings for removal of

owners and occupants, shall be deemed to be part of the cost of the

acquisition of such real property.

15. If the commissioner of general services shall determine subsequent

to the acquisition of a temporary easement in any real property that the

purposes for which such easement right was acquired have been

accomplished and that the exercise of such easement is no longer

necessary, he shall make his certificate that the exercise of such

easement is no longer necessary and that such easement right is

therefore terminated, released and extinguished. The commissioner shall

cause such certificate to be filed in the office of the department of

state and upon such filing all rights acquired by the state in such real

property shall cease and determine. The commissioner shall cause a

certified copy of such certificate as so filed in the office of the

department of state to be mailed to the owner of the property affected,

as certified by the attorney general, if the place of residence of such

owner is known or can be ascertained by a reasonable effort and the

commissioner shall cause a further certified copy of such certificate to

be filed in the office of the recording officer of each county in which

the property affected or any part thereof is situated. On the filing of

such certified copy of such certificate with such recording officer, it

shall be his duty to record the same in his office in the books used for

recording deeds and to index the same against the name of the people of

the state of New York as grantor.

16. If any clause, sentence, paragraph, or part of this section or the

application thereof to any person, firm or corporation, project or

circumstance shall be adjudged by any court of competent jurisdiction to

be invalid, such judgment shall not affect, impair or invalidate the

remainder thereof, but shall be confined in its operation to the clause,

sentence, paragraph, or part of the application thereof to the person,

firm or corporation, project or circumstance directly involved in the

controversy in which such judgment shall have been rendered.

Transfer of state lands or watershed conservation easements to

the city of New York for water supply protection purposes. The

commissioner of general services may, with the concurrence of the mayor

of the city of New York, transfer and convey to the city of New York, in

consideration of one dollar to be paid to the state of New York and upon

such other terms and conditions as agreed upon by such commissioner and

the mayor of the city of New York, parcels of land or watershed

conservation easements owned by the state and located within the

counties of Dutchess, Putnam, or Westchester and within the watershed of

the water supply of the city of New York, whether or not such parcels or

watershed conservation easements are unappropriated state lands, for the

purpose of protecting the water supply of the city of New York. The

city of New York may, with the prior agreement of the commissioner of

the department of health, transfer and convey any such parcels for the

sole purpose of purchasing lands in areas of higher priority for water

supply protection purposes, provided that the city of New York shall

either (1) transfer and convey to the state of New York, in

consideration of one dollar paid to the city of New York, any such

parcels provided that the city of New York continues to pay real

property taxes on any such parcels and upon such other terms and

conditions as agreed upon by the commissioner of general services and

the mayor of the city of New York; or (2) sell any such parcels to an

entity other than the state of New York and provide to the state of New

York monies equal to the original purchase price paid by the state of

New York for such parcels. For purposes of this section, the term

"watershed conservation easement" shall have the same meaning as defined

in section five hundred eighty-three of the real property tax law.

Watershed conservation easements and watershed agricultural

easements. Restriction on alienation. A watershed conservation easement

or watershed agricultural easement held by the city of New York shall

not be transferred or conveyed by the city of New York unless the

written consent of the record owner of the real property burdened by

such easement is affixed to the instrument transferring or conveying

such easement. For purposes of this section, the terms "watershed

conservation easement" and "watershed agricultural easement" shall have

the same meanings as defined in section five hundred eighty-three of the

real property tax law.

Unappropriated state lands defined. The term "unappropriated

state lands," as used in this chapter, includes all escheated lands; all

lands conveyed to the state for the benefit of the canal fund and not

devoted in pursuance of law to any public use; all lands purchased by or

for the state on the foreclosure of any mortgage given on the loan of

any United States deposit funds or on any loan of money for the state;

all state lands lying within the limits of any city or village not

devoted to any public use; and all other lands belonging to this state

which are not directed by law to be kept for or applied to any specific

purpose, except lands under water the disposition of which is governed

by article six of this chapter and except the lands the disposition of

which is governed by the salt springs law and except abandoned canal

lands the disposition of which is governed by article four of this

chapter, and chapters eight hundred and ninety-three and eight hundred

and ninety-four of the laws of nineteen hundred and eleven.

Abandonment of state real property. 1. Except as to lands

under water, salt springs lands and abandoned canal lands, the head of

any state agency having custody or jurisdiction over any state-owned

lands may determine that such lands are no longer necessary or useful to

the purposes of such agency, and he or she is hereby authorized to

declare the same abandoned. Upon the filing of a declaration of

abandonment of such lands with an approval thereof by the commissioner

of general services such lands shall become unappropriated state lands

provided, however, that no state lands, the sale or transfer of which is

prohibited by the constitution, shall be thus affected. Within thirty

days of approving the abandonment, the commissioner of general services

shall publish a notice of the approval in the state register and the

environmental notice bulletin, and send such a notice to the chief

elected official of each county and municipality where the affected

lands are located.

2. The commissioner of general services is authorized and empowered to

determine that any state-owned real property under the jurisdiction of

any state agency other than any real property owned by or under the

jurisdiction of any public authority or public benefit corporation, is

under-utilized or not being utilized in a manner consistent with the

best interests of the state and thereupon, subject to the procedure and

review provided in section two-a, to declare such real property

abandoned.

3. Upon the filing of a declaration of abandonment by the commissioner

of the office of mental health or by the commissioner of the office for

people with developmental disabilities of state-owned lands upon which a

community residential facility for the disabled as defined in section

41.34 of the mental hygiene law exists, and with an approval thereof by

the commissioner of general services, such lands shall become

unappropriated state lands; and prior to being transferred to the

jurisdiction of another state agency shall be offered for sale at public

auction pursuant to section thirty-three of this article; provided,

however, that the provisions of section four hundred six of the eminent

domain procedure law shall apply to such property.

4. Should state-owned real property under the jurisdiction of the

office of mental health or the office for people with developmental

disabilities and upon which a community residential facility for the

disabled as defined in section 41.34 of the mental hygiene law exists,

be declared abandoned by the commissioner of general services pursuant

to subdivision two of this section, such real property shall become

unappropriated state lands; and prior to being transferred to the

jurisdiction of another state agency, shall be offered for sale at

public auction pursuant to section thirty-three of this article;

provided, however, that the provisions of section four hundred six of

the eminent domain procedure law shall apply to such property.

5. As used in this section, the term "state agency" shall include any

department, division, board, commission, bureau, office or other agency

of the state.

Surveys by commissioner of general services. The commissioner

of general services may, whenever he deems it necessary, cause actual

surveys to be made of any state lands.

Maps. The commissioner of general services shall make or cause

to be made a map of each tract so surveyed, distinguishing upon such

maps the towns and county in which the lots are situated, and deposit

the same in his office. Such maps shall be open to the inspection of

every person, during the office hours of business, until the lands

described thereupon be sold.

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.

Transfer of unappropriated state lands for mental health,

developmental disabilities, park, recreation, playground, reforestation,

street or highway purposes. 1. Such commissioner of general services

may, from time to time, transfer and convey to a city, incorporated

village, town or county, in consideration of one dollar to be paid to

the state of New York, and on such terms and conditions as such

commissioner may impose, a part or all of any parcel or parcels of

unappropriated state lands upon certification that such parcel or

parcels are useful for local mental health facilities, developmental

disabilities facilities, park, recreation, playground, reforestation,

street or highway purposes, and that they will be properly improved and

maintained for one or more of such purposes and provided that this

disposition of such parcel or parcels is not otherwise prohibited.

Certification shall be evidenced by a formal request from the board of

estimate, common council, village board, town board or county board of

supervisors, setting forth in detail the parcel or parcels to be

released, transferred and conveyed and the availability and usefulness

of such parcel or parcels for one or more of such purposes. In the city

of New York however, certification shall be evidenced by a formal

request from the mayor. In the event that lands transferred under the

provisions of this section are not properly improved and maintained for

one or more of the purposes contemplated by this section by the city,

village, town or county to which they were transferred, the title

thereto shall revert to the people of the state of New York, and the

attorney-general may institute an action in the supreme court for a

judgment declaring a revesting of such title in the state. Such

commissioner may also transfer any unappropriated state lands to the

office of parks, recreation and historic preservation or the department

of environmental conservation, upon the application of the commissioner

thereof indicating that such unappropriated state lands are required for

state park purposes within the area of jurisdiction of such office or

department.

2. The commissioner of general services may, in his or her discretion,

and upon such terms and conditions as such commissioner may impose, upon

application of the mayor of the city of New York, grant to the city of

New York, for public streets, parks, parkways, playgrounds, recreation

and conservation purposes, all of the right, title and interest of the

people of the state of New York, of, in and to any portion of the lands

and lands under water in Jamaica bay and Rockaway inlets and the

tributaries thereto.

Leasing and granting of unappropriated state lands to the

United States or any instrumentality thereof. The commissioner of

general services may grant and convey in fee title or such lesser

interest than fee title or, notwithstanding any other provision of law

to the contrary, lease without bid, for such periods of time as he may

deem appropriate to the United States of America, its departments,

agencies and other instrumentalities, including the United States Postal

Service, authorized by law to take such fee title, lesser interest than

fee title or leasehold interest in real property, upon application by an

authorized officer or employee thereof, and upon such terms and

conditions as the commissioner deems proper, any parcel or parcels of

unappropriated state land which are needed to carry out the functions of

such department, agency or instrumentality. The use of any property

conveyed under this section shall be subject to local land use

regulation.

Acquisition of air space and air and subsurface rights. 1.

Notwithstanding any other provision of law to the contrary, the

governing board of a municipal corporation as defined in the general

municipal law in which land or real property had previously been

acquired by the state or any of its duly constituted agencies for an

appropriate public use may apply to the commissioner of general services

in the executive department for conveyance to it of a grant, release,

quitclaim or other appropriate instrument of all the right, title and

interest of the state of New York in and to the air space and air and

subsurface rights, easements therein and lands adjacent thereto which

had been appropriated or otherwise acquired by the state within such

municipality. The granting of any such application shall be in the

discretion of the commissioner and the head of the department or agency

having jurisdiction over the property and subject to their determination

that such conveyance would be compatible with the existing state needs

and uses of the property in question and upon such reasonable

consideration, terms and conditions as the commissioner may determine.

No such conveyance shall be leased or utilized for private or municipal

utility services. No conveyance shall be permitted with respect to

existing or proposed state parkways.

2. The commissioner of general services shall include as a part of

such conveyance such terms and conditions as he may reasonably deem to

be appropriate with respect to the form, manner and provisions under

which the municipality may dispose of said air space and air and

subsurface rights and adjacent areas in conformity with provisions of

the general municipal law.

3. The development of any property interest by the lessee or developer

of said air space and air and subsurface rights and adjacent areas from

the municipality shall be subject to the zoning regulations, ordinances

and planning requirements of the municipality in which said property is

located and to the support, protection or relocation of any public

utility facilities within the right of way of any highways within said

property at the sole cost of the municipality, lessee or developer. No

such development shall deprive an abutting landowner of his right of

access.

4. The terms of the conveyance to the municipal corporation shall be

determined by the commissioner of general services with the approval of

the director of the budget as to the adequacy of the consideration

therefor and shall be submitted to the commissioner of the agency having

jurisdiction over the property involved for his consideration and

approval. Each such instrument of conveyance shall be prepared by the

commissioner of general services and prior to delivery of possession of

the subject property rights in the air, air space, subsurface rights,

easements therein and lands adjacent thereto shall be approved by the

attorney general as to form and manner of execution.

5. The commissioner of general services shall promulgate reasonable

rules and regulations after consultation with the commissioner of

transportation and the commissioners or heads of any other affected

state agencies strictly consistent with the purposes of and designed to

carry out the provisions of this section.

Terms of sale. The commissioner of general services shall

prescribe the terms and conditions of all sales.

Issue of patents. On the production to the commissioner of

general services by the purchaser, his representative or assignee of any

certificate heretofore issued by the state engineer and a receipt

showing payment to the state of the whole of the purchase-money, the

purchaser's bond on such sale shall be cancelled by the state department

having custody of such bond and such commissioner shall deliver letters

patent for the lands sold to the person entitled thereto. If such

certificate be lost or wrongfully withheld by any person from the owner

thereof, such commissioner may receive evidence of such loss or wrongful

detention, and issue a patent to the person who, on satisfactory proof,

appears to him to be entitled thereto.

Collection, forfeiture and cancellation of purchase-money bonds.

The commissioner of general services may direct the comptroller to sue

upon any bond heretofore received by the office of general services or

its predecessors including the state engineer, the commissioner of

transportation or the secretary of state on the sale of unappropriated

state lands, if any payment stipulated in such bond shall remain due one

year, or the commissioner may direct the sale of the land for the

payment of which such bond was given, and in case of such sale, all

previous payments made on account of such land shall be forfeited to the

people of the state, and the bonds may be delivered up and cancelled on

the surrender of the certificates of sale.

Resale of lands. The commissioner of general services,

whenever he resells any such lot, shall include in the amount for which

such lot is offered for sale, the sum unpaid at the time of such sale

for principal and interest on the purchase-moneys thereof, the amount

due on the books in the comptroller's office for taxes and the interest

and charges thereon and the costs of such sale. If the total amount of

such charges be not bid therefor, he shall purchase the same for the

state at such amount. If on any such sale, the commissioner becomes the

purchaser in behalf of the state, in case such lands are not within the

forest preserve, the commissioner shall direct, whether the land

purchased be offered for sale by him at the price for which it was

purchased, or a new appraisement made thereof under his direction. He

may sell such lots to any person applying to purchase the same, for the

amount at which the same was purchased for the state, on the like terms

and conditions as he is authorized to sell the unappropriated state

lands. If the commissioner directs a new appraisal of such lands, the

commissioner may sell the same as prescribed in this section for the

prices at which the lots are respectively appraised.

Payment on resale. The purchaser shall complete the sale,

immediately, by paying into the treasury the amount due on the land and

receiving a patent, or by executing a proper bond and receiving a new

certificate of the sale.

Removal of occupants of land resold. When a resale of land is

directed, the commissioner of general services shall cause notice to be

given to every occupant of such land to remove therefrom, and if he does

not comply with such notice, he shall direct the district attorney of

the county in which such lands may be situated to commence proceedings

for his removal before the county judge of such county. On proof, by the

production of a certificate from the commissioner that a resale of such

land has been duly ordered for default of payment, such judge shall

issue his warrant to the sheriff of the county, commanding him within

ten days after the receipt thereof, to remove such occupant from such

lands; and the sheriff shall remove such person within such time, and,

for that purpose, shall possess the same powers as in the execution of

criminal process. The sheriff shall retain such warrant in his hands,

and if any person so removed shall return to occupy such lands without

the consent of the commissioner, he shall be forthwith removed by the

sheriff pursuant to such warrant. The sheriff, for executing a warrant

under this section, shall be allowed such compensation, to be paid out

of the treasury, as the comptroller shall certify to be reasonable.

Application for grant under special law. The commissioner of

general services shall not grant any of the unappropriated state lands

to any person applying therefor by virtue of a special law, unless such

application be made within one year after the passage of such law,

unless otherwise provided therein, but such land shall be sold in the

manner directed for the sale of unappropriated state lands.

Exchange of unappropriated state lands. The commissioner of

general services may, from time to time, exchange a part or all of any

parcel or parcels of unappropriated state lands for real property

required by or of benefit to the state of New York and in which title is

held by the United States of America or a city, incorporated village,

town or county when the combined value of such unappropriated state

lands and required real property does not exceed five hundred thousand

dollars. An appraisal of the value of the real property to be acquired

by the state and of the property to be conveyed by the state shall be

completed by a qualified professional real estate appraiser. If the

value of either property is in excess of one hundred thousand dollars,

two appraisals of that property shall be required prior to the exchange.

The terms and conditions of such exchange, including any monetary

consideration to be paid to equalize the value of such exchange

properties, shall be subject to the prior approval of the state

comptroller. The attorney general shall approve the title to the lands

to be thus acquired by the state.

Sale of abandoned canal lands. The commissioner of general

services may sell and convey at public or private sale the right, title

and interest of the state in and to any real property, acquired for

canal purposes, which the commissioner of transportation may determine

to have been abandoned for such purposes, or as to which a determination

of abandonment shall have been heretofore made pursuant to law. The

commissioner of general services may sell and convey such abandoned

lands in the same manner and with the same discretion as he may sell and

convey unappropriated state land pursuant to article three of this

chapter. The commissioner may sell such abandoned canal lands for not

less than the appraised value thereof to occupants of such abandoned

canal lands or owners of adjacent land who have used or improved such

abandoned canal lands either under a permit issued pursuant to section

one hundred of the canal law or in good faith without knowledge that

such canal lands were owned by the state; provided that such appraised

value shall be exclusive of the value of improvements made on the

property by the purchaser.

Maintenance and repair of highway crossings on abandoned canal

lands. The maintenance and repair of highways on any parcel of such

canal lands which have heretofore been abandoned pursuant to law and

which have been converted into crossings at grade or which may hereafter

be abandoned pursuant to law and so converted shall be the

responsibility of the municipality within which such parcel of abandoned

canal lands is situated. The provisions of this subdivision shall not

supersede any of the provisions of the highway law.

Disposition of proceeds. The proceeds from a sale or grant of

such lands shall be applied first to repay any expenditures made by the

office of general services from moneys appropriated to said office in

the first instance for the administration, management, utilization and

disposal of real property of the state and any rights or interests

therein and any balance of such moneys remaining after repayment of the

first instance expenditures shall be applied to the cost of the

improvement which renders such lands no longer necessary, and the

expenses incurred by the attorney general for searches and examination

of the title to such lands shall be deemed an item of the cost of

improvement. Any surplus from the sale of abandoned lands above the

cost of the entire improvement shall be applied to the sinking fund for

the payment of the improvement bonds.

Grants of land under water. This section authorizes grants,

leases, easements, and lesser interests, including permits, for the use

of state-owned land underwater and the cession of jurisdiction thereof

consistent with the public interest in the use of state-owned lands

underwater for purposes of navigation, commerce, fishing, bathing, and

recreation; environmental protection; and access to the navigable waters

of the state; with due regard for the need of affected owners of private

property to safeguard their property.

1. Of navigable rivers and lakes.

2. Of the Hudson river adjacent to the state of New Jersey.

3. Of the former bed of Onondaga creek in Onondaga county and of

Tibbetts brook in Bronx county, whether or not now under water, and

regardless of upland ownership.

4. Adjacent to and surrounding Great Barn island in the city and

county of New York, and between high and low water mark on such island,

but not so as to affect the navigation of the waters surrounding such

island.

5. Adjacent to and surrounding Staten Island, but not so as to extend

more than five hundred feet into the water from low water mark on said

island, except where the legally established pier and bulkhead lines

extend more than five hundred feet beyond low water mark, in which case

grants may be made to such lines.

6. Adjacent to and surrounding Long Island, and all that part of the

former or present county of Westchester lying on the East river or Long

Island sound, but not beyond any permanent exterior water line

established by law.

7. (a) The commissioner of general services may grant in perpetuity or

otherwise, to the owners of the land adjacent to the land underwater

specified in this section, to promote the commerce of this state or for

the purpose of beneficial enjoyment thereof by such owners, or for

agricultural purposes, or for public park, beach, street, highway,

parkway, playground, recreation or conservation purposes, so much of

said land underwater as the commissioner deems necessary for that

purpose. No such grant shall be made to any person other than the

proprietor of the adjacent land. Any such grant made to any other person

shall be void, except that, subject to the other provisions of this

section, the commissioner of general services may transfer jurisdiction

over state-owned lands underwater to a state agency for the purpose of

protecting environmentally sensitive lands underwater even if the state

agency is not the proprietor of the adjacent upland. The commissioner

may also lease such land underwater to such owner of the adjacent upland

or, with the consent of such owner of the adjacent upland, to others,

for terms up to forty years. No such grant or lease shall be made of any

lands belonging to the city of New York, or so as to interfere with the

rights of that city or of the Hudson River Railroad Company, or of its

successor the New York Central and Hudson River Railroad Company. In

making any grant, lease, permit or other conveyance, the commissioner of

general services shall, upon administrative findings, and to the extent

practicable, reserve such interests or attach such conditions to

preserve the public interest in use of state-owned lands underwater and

waterways for navigation, commerce, fishing, bathing, recreation,

environmental protection and access to the navigable waters of the

state, with due regard for the need of affected owners of private

property to safeguard their property. The commissioner shall by official

rules establish criteria and guidelines for determinations with respect

to the leasing or selling of such lands underwater.

Where the boundary line between land underwater and the adjacent land

lies within a public road or street, and the name of the owner or owners

of such adjacent land or the place of residence cannot be ascertained to

the satisfaction of the commissioner, grants or leases may be made by

the commissioner in his or her discretion to the owner or owners of the

land adjoining the road or street inshore of such land underwater in the

manner herein provided, but a grant or lease so made shall not be

regarded as depriving any other person of the exercise of his or her

riparian rights.

Where the title to such public road or street is in a county, city,

town or village, grants or leases may be made by the commissioner in the

manner herein provided to the owner of the land adjoining the road or

street inshore of such land underwater, but no such grant shall be made

unless the consent thereto of such county, city, town or village shall

first be filed with the commissioner, or unless, having been duly

personally served with a notice of application of such grant, the

county, city, town or village fails to file an objection with the

commissioner or, having filed such objection, fails to present to the

commissioner sufficient proof or other reasons satisfactory to the

commissioner why the grant should not be made.

(b) No wharf, dock, pier, jetty, platform, breakwater, mooring or

other structure shall be constructed, erected, anchored, suspended,

placed or substantially replaced, altered, modified, enlarged, or

expanded in, on or above state-owned lands underwater, nor shall any

fill be placed on such lands underwater, unless a lease, easement,

permit, or other interest is obtained from the commissioner, which

authorizes the use and occupancy of those state-owned lands underwater

to be affected by such act or acts, provided however, that there shall

be excepted in the uniform regulations issued pursuant to paragraph (f)

of this subdivision any existing structure for non-commercial use

constructed prior to June seventeenth, nineteen hundred ninety-two, by

or on behalf of the owner of adjacent upland who owned prior to June

seventeenth, nineteen hundred ninety-two, which has a surface area, as

measured at the outermost perimeter, including surface waters between or

encompassed within the structure of less than five thousand square feet

in area, and with respect to docking facilities, has a capacity of no

more than seven boats thirty feet in length. For the purposes of this

subdivision, the term "structure" shall not include discharge or intake

pipes, pipelines, cables, or conduits. Thereafter there shall be so

excepted any structure constructed by or on behalf of the owner of

adjacent uplands that:

(i) has a surface area, as measured at the outermost perimeter,

including surface waters directly between or encompassed within the

structure, of less than four thousand square feet in area and not

exceeding fifteen feet in height, as measured at the uppermost point,

above the mean high water line and, with respect to docking facilities,

has a capacity of five or fewer boats thirty feet in length and, with

respect to mooring facilities, has a capacity of fewer than ten boats

thirty feet in length; provided that the commissioner may by rule

promulgated pursuant to paragraph (f) of this subdivision determine,

based on a different surface area or other criteria of size and use,

that other types of structure in particular circumstances do not

represent significant encroachments on state-owned lands underwater, and

(ii) is water dependent, which shall mean, for purposes of this

section, an activity which can only be conducted on, in, over or

adjacent to a water body because such activity requires direct access to

that water body, and which involves, as an integral part of such

activity, the use of the water.

(c) The requirements of obtaining a lease, easement, permit or other

interest from the commissioner pursuant to the rules set forth in

paragraph (f) of this subdivision shall not apply to the person or

entity who was the upland owner on June seventeenth, nineteen hundred

ninety-two, of lands adjacent to filled state-owned lands underwater or

formerly underwater, in respect of those filled lands, including

accompanying seawalls; provided however, that any right, title and

interest of the state in and to any such state-owned lands shall in no

respect be diminished or impaired by the provisions of this section, nor

by any exemption in the uniform regulations authorized by paragraph (f)

of this subdivision.

Upon any transfer of such lands, or at the request of the owner of the

adjacent upland, the commissioner may convey such lesser interest as may

be minimally required to allow a conveyance of marketable title by that

owner of the adjacent land. Consideration charged in such instances

shall reflect the interest so conveyed.

(d) (i) The commissioner of environmental conservation and the

secretary of state shall review any proposed lease, easement, permit or

other interest, except for facilities in existence on June seventeenth,

nineteen hundred ninety-two, and which are not the subject of an action

by the attorney general for unlawful occupation of state lands under

water on the effective date of this paragraph. The commissioner of

environmental conservation shall recommend conditions to protect the

environment and natural resources. The commissioner of general services

shall incorporate those conditions in any lease, easement, permit or

other interest, giving due regard as well to the recommendations of the

secretary of state with respect to coastal issues, or shall deny the

proposal if the commissioner of environmental conservation, upon

administrative findings, determines that the environment or natural

resources cannot be adequately protected. Such lease, easement, permit,

or other conveyance of an interest shall state the purpose for which it

is made, and shall also be subject to all applicable federal, state and

local laws, rules, regulations and codes.

(ii) The owner, occupier or any other person or entity (except those

against whom there has been commenced on the effective date of this

paragraph an action by the attorney general, for unlawful occupation of

state lands under water) with a legal or beneficial interest in any

structure not excepted by paragraph (b) of this subdivision and

occupying state lands underwater on the effective date of the rules

authorized by paragraph (f) of this subdivision, as adopted pursuant to

subdivision five of section two hundred two of the state administrative

procedure act, shall make application for such lease, easement, permit

or other interest within one year from that effective date.

Except where timely application for such an interest has been made

within one year pursuant to this subdivision, the commissioner is

authorized to require the term of such lease, easement, permit, or other

interest to be retroactive to the effective date of the rules so

adopted. Any instrument conveying an interest in real property which is

made retroactive shall include provision for payment of consideration

for the portion of the term which extends retroactively including, where

appropriate, interest on such consideration at the same rate then

currently in effect and applied to judgments rendered in the court of

claims.

(iii) The commissioner shall make reasonable efforts to provide notice

to persons affected by the requirements of this section.

(e)(i) The commissioner may impose a fee in connection with the

issuance of any such lease, easement, permit, or other interest, which

fee shall be established by rule pursuant to paragraph (f) of this

subdivision, and which shall take into account other factors affecting

value including but not limited to classes of structure, types of use

(including whether the use is for public or private purposes), location

and region, size, usefulness of the parcel standing alone and such other

criteria as the commissioner may determine, but which shall exclude the

value of improvements thereon constructed and maintained by the

adjoining upland owner. The rules and regulations required by paragraph

(f) of this subdivision shall prescribe that in the event an applicant

for a lease, easement or other interest in real property shall dispute

and request a reduction of the commissioner's determination of the value

of the interest to be conveyed, the commissioner shall, upon the

applicant's submission of an appraisal of the value of such property

interest conducted in accord with standard and accepted appraisal

methodology by an independent appraiser qualified as prescribed in this

paragraph and which appraisal varies in its conclusion as to value by

ten percent or more of the value previously established by the

commissioner, and upon the applicant's agreement to be bound thereby,

contract with a second independent appraiser, qualified as prescribed in

this paragraph, to render an appraisal of the value of the interest

proposed to be conveyed, the results of which appraisal shall be binding

upon both the applicant and the commissioner of general services. Such

appraiser shall be selected by the commissioner of general services from

among a group of at least three appraisers identified by the applicant

all of whom must be qualified as prescribed in this paragraph and each

of whom must agree to employ standard appraisal methodology. For the

purposes of this provision a qualified appraiser shall be certified by

the secretary of state to transact business as a real estate general

appraiser and shall conduct a regular business of the appraisal of real

property interests. In the event that the appraisal contracted for in

such manner shall conclude that the value of the property interest in

question is equal to the value previously determined by the commissioner

plus or minus ten percent, the entire cost of such appraisal shall be

borne by the applicant, otherwise, the entire cost thereof shall be

borne by the commissioner of general services.

(ii) For leases, easements and conveyances of such interests for

commercial use of structures on state-owned underwater lands, the annual

fee imposed shall not exceed two percent of the user's net annual income

for structures not in existence on the effective date of this paragraph.

Nor, in connection with a structure in existence and in commercial use

on the effective date of this paragraph, shall the fee charged in

connection with such a conveyance made after the effective date of this

subparagraph exceed annually the following schedule for five years

following the effective date of the interest conveyed pursuant to

subdivision (b) of this section provided timely application pursuant to

that subdivision has been made: .2 (two-tenths) of one percent; second

year: .4 (four-tenths) of one percent; third-year: .6 (six-tenths) of

one percent; fourth year: .8 (eight-tenths) of one percent; fifth year,

and thereafter: one percent; provided that all such percentages in this

paragraph shall be that percentage of the net income derived from the

structure or structures on state-owned lands, excluding transactions

involving sales or repair of boats, and sale of gasoline; and the dollar

valuation of the interest conveyed shall not be increased from year to

year during that five year period. The fee charged shall be discounted

ten percent for annual permits.

(iii) For leases, easements and conveyances of such interests for

residential use of non-exempt structures in existence and residential

use on the effective date of this paragraph, the annual fee shall not

exceed the lesser of twenty dollars per slip or one hundred dollars.

(iv) Nothing in this paragraph shall preclude the commissioner of

general services from agreeing, upon the request of and negotiation with

the owner or user of adjacent upland, to such other conveyances or

agreements consistent with this section providing for different periodic

payments, or a more flexible payment structure, than the fee caps and

fees, respectively, set forth for commercial and residential facilities

herein. Moreover, notwithstanding the fee caps set in this section, the

commissioner may exceed those caps if required to cover the yearly pro

rata share, over the term of the conveyance or interest, of the

administrative costs in connection with that conveyance or interest.

(f) The commissioner, in consultation with the commissioner of

environmental conservation, the secretary of state, the office of parks,

recreation and historic preservation and other interested state agencies

administering state-owned lands underwater, shall promulgate pursuant to

article two of the state administrative procedure act such rules with

respect to grants, leases, easements and lesser interests for the use of

state-owned land underwater, and the cession of jurisdiction thereof, as

in his or her judgment are reasonable and necessary to protect the

interests of the people in such lands underwater. Such regulations shall

include without being limited to: the fees to be charged, consistent

with the provisions of this section, including mitigation of such fees

in the event of economic hardship on existing commercial enterprises;

fee limitations to administrative expenses for municipal uses which are

public, non-commercial and offer services free or for nominal fees, and

for uses undertaken and operated for public and non-commercial purposes

by not-for-profit corporations characterized as charitable corporations

as defined in paragraph (a) of section one hundred two (Definitions) of

the not-for-profit corporation law, and for uses undertaken and operated

for public purposes by a corporation formed pursuant to the religious

corporation law or by a corporation formed pursuant to a special act of

this state and which has as its principal purpose a religious purpose;

such further exemptions for projects as the commissioner determines do

not represent significant encroachments; limitations on grants,

including conversion grants, with respect to underwater lands consistent

with the public purposes of this subdivision and limiting such grants to

exceptional circumstances; and factors to be examined in considering an

application for a lease, easement or other interest. Those factors shall

include without limitation the following: (i) the environmental impact

of the project; (ii) the values for natural resource management,

recreational uses, and commercial uses of the pertinent underwater land;

(iii) the size, character and effects of the project in relation to

neighboring uses; (iv) the potential for interference with navigation,

public uses of the waterway and rights of other riparian owners; (v) the

effect of the project on the natural resource interests of the state in

the lands; (vi) the water-dependent nature of the use; (vii) and any

adverse economic impact on existing commercial enterprises. The final

promulgation of rules establishing fees or fee structures shall be

subject to the approval of the director of the budget.

(g) (i) From one year after the effective date of the rules authorized

by paragraph (f) of this subdivision and adopted pursuant to subdivision

five of section two hundred two of the state administrative procedure

act, and thereafter, any person who violates any of the provisions of

this subdivision; or who fails to perform any duty imposed by this

subdivision; or who violates or fails to comply with any rule,

regulation, determination or order of the commissioner promulgated

pursuant to this subdivision may be enjoined from continuing such

violation, and in any event shall be liable for a civil penalty of not

more than five hundred dollars for each such violation and an additional

civil penalty of not more than one hundred dollars for each day during

which such violation continues; provided, however, that such penalties

shall be imposed by the commissioner only after written notice and an

opportunity to be heard are given to the owner, occupier or other person

or entity having a legal or beneficial interest in a prohibited

structure or area of fill which notice shall be transmitted by certified

mail, return receipt requested and which shall set forth the provisions

of this section, a description of the prohibited structure or area of

fill, the amount of the penalty, that the person must comply with the

provisions of this section within thirty days, and the specific date

thirty days thereafter following which the person shall be subject to

such penalty and after which further penalties shall accrue on a daily

basis.

(ii) If the commissioner of environmental conservation notifies the

commissioner of any failure to comply with conditions of a lease,

easement or other interest, the commissioner shall investigate such

suspected violation. The commissioner, on his or her own initiative or

at the request of the commissioner of environmental conservation, shall

thereafter take enforcement action as described herein or request the

attorney general to institute an action to enjoin such violation and to

recover any damages therefor.

8. The commissioner may authorize the use and occupation by the United

States of lands of the state under water, for the purpose of improvement

of navigation, including sites for lighthouses, beacons and lighthouse

keepers' dwellings and navy yards and naval stations, and may cede

jurisdiction over any such land but such jurisdiction so ceded shall be

upon the express condition that the state of New York shall retain a

concurrent jurisdiction with the United States in and over the property

and premises so conveyed, so far as that all civil and criminal process,

which may issue under the laws or authority of the state of New York,

may be executed thereon in the same way and manner as if such

jurisdiction had not been ceded, except so far as such process may

affect the real or personal property of the United States. The

provisions of section seventy-seven shall not apply to any authorization

of use and occupation under the provisions of this subdivision.

9. Private rights or rights of property of individuals, if any, of any

nature or description, shall not be taken away nor impaired nor impeded

without due process of law.

10. No grant for public park, beach, street, highway, parkway,

playground, recreation or conservation purposes shall be made under this

section to other than a county, city, town or village. A grant so made

may be made with or without consideration and shall be upon such terms

and conditions as may be imposed by the commissioner. A grant so made

shall be upon the condition that if at any time the land so granted

shall not be used for the purpose set forth therein or shall be used for

any other purpose, the title so granted shall thereupon revert to and be

in the people of the state of New York. Where a grant has heretofore

been made by the commissioner for one or more of the purposes enumerated

herein, the commissioner, in his discretion and upon such terms and

conditions as he may impose and with or without consideration, upon

application by the county board of supervisors, board of estimate,

common council, town board or village board, as the case may be, is

authorized to alter or amend such grant, in respect to the purposes

thereof and with respect to the whole or part of the land under water

therein granted and described, so that the grant may thenceforth

nevertheless be for one or more of the purposes enumerated herein. The

provisions of section seventy-seven of this article shall not apply upon

an application to alter or amend a grant so heretofore made.

11. Where a grant of land under water has previously been made by the

state under the provisions of this article, for the purposes of

commerce, commerce or beneficial enjoyment, restricted beneficial

enjoyment, or otherwise, where the purpose of the grant is less than

that of beneficial enjoyment, and by reason of the nature of which

previous grant there remains in the state a right, title or interest,

the commissioner may, in his discretion, grant such right, title or

interest in or to the whole of the land under water so granted or part

thereof, to the grantee or to one who has succeeded to the title or

interest so previously granted, and a grant so made may be made

regardless of upland ownership and without publication or posting of

notice of application as provided by section seventy-seven of this

article, but no such grant shall be made for less than the appraised

value of the right, title or interest of the state in the land under

water or part thereof, as the case may be, and shall be upon such terms

and conditions as shall be imposed by the commissioner to protect the

interests of the state.

12. The commissioner, in his discretion, upon such terms and

conditions and for such consideration as the commissioner may determine

may grant and convey to the owner or owners of the adjacent land the

right, title and interest of the people of the state of New York in and

to the lands now or formerly under the waters of the arms, branches or

tributaries of any navigable waters of the state which arms, branches or

tributaries have become non-navigable, and a grant so made may be made

without publication or posting of notice of application as provided by

section seventy-seven of this chapter.

13. The powers granted to the commissioner by this section may,

notwithstanding any other law to the contrary, continue to be exercised

by it in respect to lands under the waters of the Niagara and St.

Lawrence rivers except as to those areas thereof that are natural

resources of the state of New York for the creation and development of

hydroelectric power, but the commissioner shall not make any grant of

lands under the water of either of said rivers unless the power

authority of the state of New York shall, prior to the issuance of any

such grant, advise the commissioner, in writing, that such grant, if

made, will not interfere with its St. Lawrence or Niagara project.

14. Proceeds from the sales, leases, grants of easements and lesser

interests, including permits for the use of lands under water pursuant

to this section shall be deposited in the environmental protection fund

established pursuant to section ninety-two-s of the state finance law.

Surrender of grant. A grantee or his successor in interest, may

at his option surrender to the state, without consideration or for a

compensation to be determined by the commissioner, the lands under water

theretofore granted to him or any part thereof, by filing with the

commissioner a certificate duly executed and acknowledged, declaring his

intention of such surrender and containing a description of the lands

surrendered, subject to the acceptance of such surrender by the

commissioner; and such surrender when so accepted shall be without

prejudice to an application for a new grant upon such terms and

conditions as the commissioner may determine.

Notice of application therefor. Every applicant for a grant of

land under water shall, previous to his application, cause notice

thereof to be published at least once a week for four weeks,

successively, in a newspaper printed in the county in which the land so

intended to be applied for is situated, unless the said lands are

situated wholly or in part in a city or village where a newspaper is

published then such notice shall be published in such newspaper; and a

copy of such notice to be posted for the same period upon the door of

the court house of such county or at such other place in or at the court

house as is generally used for the posting of legal notices, and if

there be no court house in the county, at such place as the commissioner

directs. The aforementioned four-week period shall be a full period of

twenty-eight days. In cities having a population of one million or more

inhabitants, the applicant for a grant comprising ten thousand or more

square feet shall also serve personally, or by registered or certified

mail, a written notice containing a description of such land under

water, together with the name and address of the applicant, upon all

owners of waterfront land within three hundred feet from the side

boundaries of the upland of the applicant. For purposes of identifying

such owners of waterfront land, the latest completed assessment roll may

be used in lieu of title search. The applicant shall file with the

commissioner proof of service of such notice at least twenty days prior

to the date of application. However for the purposes of jurisdiction and

the validity of any grant issued under this section, the commissioner's

finding that the notice requirements of this section have been complied

with is final and conclusive.

Failure to comply with conditions of grant; annulment. On or

before the tenth day of January in each year the commissioner of general

services shall examine the records of all grants of land under water for

which patents shall have been issued containing conditions to be

complied with within fixed period of time after the issue of such

patents and make a list of all such grants containing such conditions of

which the periods for performance have expired. It shall thereupon be

the duty of the commissioner of general services to cause an

investigation to be made without delay for the purpose of ascertaining

whether or not compliance with the conditions contained in such grants

shall have been had, and he shall report thereon to the

attorney-general. It shall be the duty of the attorney-general to begin

actions against all such patentees or their successors in interest or

assigns for the annulment of all patents the conditions of which shall

be found not to have been complied with within the period fixed in such

grants for compliance.

Definitions. As used in this article:

1. "Gold mine" means a mineral deposit in which the total sales value

of the gold is more than fifty per centum of the value of all other

minerals associated or occurring with the gold in the mine.

2. "Silver mine" means a mineral deposit in which the total sales

value of the silver is more than fifty per centum of the value of all

other minerals associated or occurring with the silver in the mine.

3. "Minerals" means all minerals and rocks, more particularly any

inorganic substance which can be extracted from the earth, excepting

gas, oil and water.

4. "State lands" means all lands now or hereafter owned by the state

of New York except lands in the forest preserve as defined by section

sixty-three of the conservation law.

5. "Filer" means the person filing a notice of discovery, or his

heirs, distributees, representatives or successors in interest.

Minerals subject to state ownership; exploration of mines on

state lands. 1. The following minerals are the property of the people

of the state of New York in their right of sovereignty:

(a) All deposits of gold and silver in or upon private lands and lands

belonging to the state heretofore or hereafter discovered within this

state.

(b) All deposits of minerals and fossils heretofore or hereafter

discovered in or upon any lands belonging to the people of the state of

New York.

2. The commissioner of general services may, upon written application

by any citizen of the United States, issue to such applicant a permit,

consent, or lease of such duration as the commissioner may deem

advisable, upon such terms and conditions as the commissioner shall

determine, to enter upon state lands, for the purpose of exploring for

mines and minerals or for the purpose of breaking up such lands and

working any mine or extracting any mineral in such lands.

In the case of state lands other than unappropriated state lands, the

state department, agency, commission or institution having jurisdiction

over such lands shall receive notice from the commissioner of any

application to explore, break-up or mine, and shall have a period of not

less than thirty days to report thereon in writing to the commissioner,

and no permit, consent or lease shall be issued until such report has

been received or the thirty day period has expired, and shall not be

effective until approved by the governor.

Notice of discovery; filing; fee; bounty to discoverer; royalty

to state. 1. Any person discovering a mine or deposit of gold or silver

in or upon private lands within this state, and any citizen of the

United States discovering a mine or deposit of any mineral in or upon

state lands may work the same subject to the provisions of this article

but not until he files written notice of such discovery with the

secretary of state, which notice shall be indexed and registered in a

permanent record to be kept by such secretary, describing particularly

the nature and situation of such mine or minerals.

2. Notices filed pursuant to this section shall be in such form as the

secretary of state shall prescribe and shall contain, among other

things, the following information:

(a) The name and address of the filer.

(b) The name of the owner of the land.

(c) An accurate description together with a map made on tracing cloth

with india ink of the land against which the notice is filed, in form

sufficient for the convenient location of the land, which land shall, so

far as practicable, be of equal length and width and shall comprise not

more than forty acres.

(d) A statement subscribed by the filer and affirmed by him to be true

under the penalties of perjury that he has read or knows the provisions

of this article and is familiar with the conditions to be by him

performed precedent to the acquisition, continuation and preservation of

any rights flowing from his filing of such notice.

3. A fee of fifty dollars shall be paid to the secretary of state with

each such notice.

4. The filer shall have the sole benefit of minerals extracted from a

mine or deposit on state land on the payment to the state of such annual

rental and such royalty as the commissioner shall deem reasonable and

proper provided, however, that the minimum royalty shall not be less

than two per centum of the market value of all such minerals. The filer

shall be exempted from paying a royalty to the people of the state on

the market value of all gold and silver extracted from a gold mine or a

silver mine on private lands for a term of five years under notices of

discovery filed on or after April sixteen, nineteen hundred forty-five,

to be computed from the date of filing of the notice of discovery; and

after the expiration of such term, the filer shall pay to the people of

the state a royalty of one per centum of the market value of such

products.

A statement of all minerals extracted from the premises covered by

notice of discovery, together with the market value thereof, shall be

made within six months from the time such products shall first be

extracted, and semi-annually thereafter, under oath, to the

commissioner, and payments of such royalty shall be made semi-annually

to the commissioner at the time of making of such statement of minerals

extracted. Such payments of royalty shall thereafter be transmitted to

the state department of taxation and finance by the commissioner. Any

wilful falsehood in the contents of such statement made by the filer to

the commissioner shall work a forfeiture to the state of the value of

the whole amount extracted during the period covered by such statement

and he shall be immediately liable to the state for payment of said

amount. Upon failure to make the statement of minerals extracted, when

due, and the payments of royalty, when due, the commissioner may

terminate all rights to explore and mine in the manner hereinafter

provided. From time to time the legislature may provide for a different

rate of compensation to be paid to the state or for other conditions or

standards governing the exercise of the right to explore for or mine

minerals on state lands or gold and silver on private lands.

5. The filer shall immediately notify the secretary of state of any

change in his address or of his interest in his rights under his notice

of discovery, the manner in which such change of interest is effected,

and the name and address of any successor or successors to his interest,

in whole or in part. Such notice shall be in writing and duly sworn to.

In the event no such notice is received by the secretary of state, any

notice of default as herein provided for, mailed by the secretary of

state to the filer at the last known address, shall be binding upon all

parties in interest for all purposes.

Entry upon lands to work mines; effect of notice. 1. Nothing

contained in this article shall affect any right heretofore granted by

special act of the legislature nor affect the terms of any consent

heretofore given by the commissioner of general services to persons

having discovered deposits of minerals but any such person shall upon

the taking effect of this act be otherwise subject to and bound by the

provisions of this article; nor give any person a right to enter upon or

break up the lands of any other persons, or of the state, or to work any

mine in such lands, unless and until there shall have been recorded in

the office of the clerk of the county in which such lands are located or

of the register, if the recording officer in such county is a register,

the written and duly acknowledged consent of the owner thereof, or when

the lands belong to the state, a certified copy of the consent given by

the commissioner pursuant to subdivision two of section eighty-one of

this article, upon such terms and conditions as such owner or said

commissioner, as the case may be, may make and specify in such consent.

Permission to erect buildings for working mines upon state lands may be

given by the commissioner, when such commissioner is satisfied that the

erection or occupation of such buildings will not be detrimental to the

interests of the state. Nothing in this article shall authorize any

person working a mine upon state lands to cut or destroy any timber

whatever except such trees as it may be actually necessary to remove in

order to uncover or to erect structures upon or make a road to such

mine, or to provide space for such buildings and for mine tailings and

the like. For each tree measuring four inches or more in diameter at a

height of one foot from the ground, which shall be so cut, the party

operating the mine shall pay into the state treasury the sum of one

dollar.

2. The filing of notice of discovery on lands other than those

belonging to the state gives one so filing no right of property in such

lands or the mines or minerals therein, nor any lien thereon. All such

rights flow solely from the owner of such lands or those holding under

him except that, in the event that the mines or minerals thereon consist

of gold or silver, all rights to explore, mine or work flow from the

state acting by the commissioner as in the case of lands belonging to

the state subject to the above said written consent of the owner.

Mining rights; regulations; continuation; termination. 1. All

rights to explore for or extract minerals from a mine or deposit that

have heretofore arisen by reason of the filing of a notice of discovery

or by reason of the issuance of a permit or consent by the commissioner

of general services under this article or under former article seven or

which shall hereafter arise by reason of the filing of a notice of

discovery or the issuance of a permit or consent by the commissioner

under this article shall expire as to those heretofore filed at the

expiration of thirty months from the effective date of this act and as

to those hereafter filed at the expiration of thirty months from the

date of filing of notice unless the person claiming under any notice so

filed and his predecessors, if any, in interest shall have expended in

each of the two years first elapsed in the said thirty months' period at

least two hundred fifty dollars in respect to each forty acres of the

lands as to which notice was filed, in the exploration for mines or

minerals or in operations relating to or preliminary to the mining of

such lands or in both such explorations and mining, and shall have made

statements of the amounts of minerals, if any, extracted from such

mines, to the commissioner, and shall have paid a royalty, if due, on

the market value of such minerals to the commissioner as prescribed in

this article. Where a number of contiguous forty acre parcels, the

mining rights in which are owned in common, comprise a group, the total

expenditure made for such group, whether or not such group is made up

entirely of state land or state land and private land, may be allocated

and credited to each such forty acre parcel for the purpose of

determining compliance with this section, notwithstanding that such

expenditure may have been made on only one or more parcels in such group

and not on every forty acre parcel therein, providing however that such

total expenditure must be at least equal to the required total

expenditure of two hundred fifty dollars for each forty acre parcel in

such group.

2. Such right to explore or mine shall continue for successive periods

each of thirty months, provided always that the requirements for minimum

annual expenditures with respect to the land affected by such notice of

discovery as provided in subdivision one of this section have been

complied with in each preceding thirty months' period, and the

statements of minerals, if any, extracted from such mine have been made

to the commissioner and royalty, if due, paid to the commissioner as

required in this article.

3. The proof of the making of such expenditures shall be submitted to

the state geologist, in such form as he may require, or, if minerals

have been extracted, shall be submitted to the commissioner with the

statement of the amounts of minerals so extracted, on or before the

thirtieth day after the last day of the first two years of each such

thirty months' period.

4. Failure to comply with any or all of the provisions of this article

relating to the statements of minerals extracted, the payments of

royalty, expenditures and proof of expenditures shall be deemed a

default in the performance of the conditions essential to the

continuation of the rights of the filer. The commissioner shall, at

least ninety days prior to the expiration of the current thirty months'

period, as to any filer who is in default, mail to such filer at his

last address known to the commissioner, a notice to the effect that

there has been default in the performance of the conditions essential to

the continuation of the rights of the filer and that such rights will

expire at the end of the current thirty months' period, specifying the

date. The filer may before the expiration of said thirty-months' period

file with the commissioner a petition for the right to appear before him

to establish the fact of compliance with this article. Upon the receipt

of such petition, the commissioner shall designate a time and place for

a hearing thereon and advise the filer and the state geologist. If,

after such hearing, the commissioner shall be satisfied that the

provisions of this article have been performed by the filer, or shall be

satisfied by reasons or proof submitted that there is good cause for

failure to comply with the provisions of this article, he shall make

proper record or note of such fact in his office; and in his discretion

the rights under such filing shall then continue for a succeeding period

of thirty months from the expiration of the current period of

effectiveness. If such filer shall not file such petition, with the

commissioner, or having filed such petition, shall not satisfy the

commissioner that he has performed the conditions stated in this article

for the continuation of rights under a notice of discovery, then such

rights shall be deemed terminated as of the last day of such current

thirty months' period. The commissioner shall make proper record or

note in his office of the expiration of such rights.

Rules and regulations. The commissioner of general services may

prescribe the form and contents of all notices provided for by this

article and may, from time to time, make, adopt and enforce such rules

and regulations, not inconsistent with this article, as he may deem

necessary or proper for the administration of this article.

Accelerating or impeding flow of mineral waters. Pumping, or by

any artificial contrivance whatsoever in any manner accelerating the

natural flow, or producing an unnatural flow of that class of mineral

waters holding in solution natural mineral salts and an excess of

carbonic acid gas from any well made by boring or drilling into the

rock, or pumping, or by any artificial contrivance whatsoever in any

manner accelerating the natural flow or producing an unnatural flow, of

natural carbonic acid gas issuing from or contained in any well made by

boring or drilling into the rock, is hereby declared to be unlawful.

Pumping, or by any artificial contrivance whatsoever in any manner

accelerating the natural flow, or producing an unnatural flow, of that

class of mineral waters holding in solution natural mineral salts and an

excess of carbonic acid gas from any well made by boring or drilling

into the rock, or pumping, or by any artificial contrivance whatsoever

in any manner accelerating the natural flow, or producing an unnatural

flow of, natural carbonic acid gas issuing from or contained in any well

made by boring or drilling into the rock, by reason whereof the natural

flow from any mineral spring or any mineral well belonging to any other

person or corporation, is impeded, retarded, diminished, diverted or

endangered, or the quality of its waters is impaired, or the quantity of

its carbonic acid gas or mineral ingredients diminished, is hereby

declared to be unlawful. Pumping, or otherwise drawing by artificial

appliance from any well made by boring or drilling into the rock, that

class of mineral waters holding in solution natural mineral salts and an

excess of carbonic acid gas, or pumping, or by any artificial

contrivance whatsoever in any manner producing an unnatural flow of,

carbonic acid gas issuing from or contained in any well made by boring

or drilling into the rock, for the purpose of extracting, collecting,

compressing, liquefying or vending such gas as a commodity otherwise

than in connection with the mineral water and the other mineral

ingredients with which it was associated, is hereby declared to be

unlawful. The doing of any act or thing whatsoever whereby the natural

flow from any spring or well of that class of mineral waters holding in

solution natural mineral salts and an excess of carbonic acid gas, is

impeded, retarded, diminished, diverted or endangered, or the quality of

its waters is impaired, or the quantity of its carbonic acid gas or

mineral ingredients diminished, is hereby declared to be unlawful.

Action to restrain. Any citizen of the state may maintain an

action to restrain any person or corporation from committing any of the

unlawful acts specified in section ninety of this chapter, in any city

or town in which said citizen is assessed for and is liable to pay, or

within one year before the commencement of the action has paid, a tax.

The attorney-general may at any time, in the exercise of his

discretion, bring and maintain an action in the name of the people of

the state of New York, to restrain any person or corporation from any of

the unlawful acts specified in section ninety of this chapter. It shall

be the duty of the attorney-general to institute and prosecute such an

action, upon the written request of ten citizens of this state who are

assessed for taxes therein and whose aggregate assessments amount to not

less than ten thousand dollars, and who shall state, in writing, facts

and circumstances showing any such unlawful act or acts and give an

undertaking with sureties to be approved by a justice of the supreme

court to indemnify the people against the costs of such action.

Limitation of article. Nothing in this article contained shall

be construed to affect the Onondaga salt springs reservation, located in

Onondaga county, or the springs of any county adjacent thereto.

Waste of mineral waters. 1. The waste of that class of

mineral waters holding in solution natural mineral salts and an excess

of carbonic acid gas is hereby declared to be unlawful.

2. Waste defined. The permitting of the flow or escape of that class

of mineral waters defined in section ninety of this article shall be

deemed a waste thereof, unless such flow shall be necessary to the care,

protection or preservation of the spring or well, or for the purpose of

the actual use of the owner or occupant of the land or others with his

consent, including the sale or commercial use of the waters or gases

flowing therefrom. The permitting of such flow, except for the immediate

use or sale of such waters or gases or the immediate service to the

public, for a longer period than twenty-four hours in any one month,

shall be presumptive evidence of the waste thereof, unless authorized by

the commissioner of parks and recreation as provided in section

ninety-two-b of this article.

Permits authorizing flow of springs. The commissioner of

parks and recreation may issue an annual permit permitting the flow of

such spring in such amount and at such times as such permit shall

specify. No permit shall be issued unless it appears that the flow of

such spring will not result in the depletion of the amount of flow, gas

or mineral content of the spring for which a permit is asked, or of any

other like spring, nor unless it also appears that the flow of said

spring is of scenic interest or that the flow of such spring is

necessary to regulate or protect the flow of neighboring springs. If at

any time it satisfactorily appears to the commissioner of parks and

recreation that the required conditions for issuing a permit no longer

exist, such permit may be revoked upon ten days notice.

Actions to restrain violations of law; Saratoga county. In

addition to those persons authorized to bring actions pursuant to the

provisions of section ninety-one, the commissioner of parks and

recreation may maintain an action to restrain any person or corporation

from committing any of the unlawful acts specified in sections ninety,

ninety-two-a and ninety-two-b herein, provided such acts are committed

within the county of Saratoga.

When attorney-general may maintain action. The

attorney-general may maintain an action to vacate or annul

letters-patent, granted by the people of the state, in either of the

following cases:

1. Where they were obtained by means of a fraudulent suggestion, or

concealment of a material fact, made by, or with the knowledge or

consent of, the person to whom they were issued.

2. Where they were issued in ignorance of a material fact, or through

mistake.

3. Where the patentee, or those claiming under him, have done or

admitted an act, in violation of the terms and conditions upon which the

letters-patent were granted, or have, by any other means, forfeited the

interest acquired under the same.

Whenever the attorney-general has good reason to believe that any act

or omission, specified in this section, can be proved, and that the

person to be made defendant has no sufficient legal defence, he must

commence such an action.

Jury trial. All the issues of fact in an action brought under

this article are triable of right by a jury.

Judgment-roll and effect of judgment. Where final judgment,

vacating or annulling letters-patent, is rendered in an action, brought

as prescribed in the last section, the attorney-general must cause a

copy of the judgment-roll to be forthwith filed in the office of the

commissioner of general services, who must make an entry in his records

stating the substance and effect of the judgment, and the time when the

judgment-roll was filed. The real property, granted by those

letters-patent, may thereafter be disposed of by the commissioner, as if

the letters-patent had not been issued.

Transcript to be filed in each county where real property is

situated. Immediately after making the entry prescribed in the last

section, the commissioner of general services must transmit a certified

transcript thereof to the clerk, or the register, as the case requires,

of each county, in which the real property affected by the judgment is

situated. The clerk or register must file it; and, if the

letters-patent are recorded in his office, he must note the contents of

the transcript in the margin of the record.

Construction. This chapter shall not limit or modify the

provisions of the railroad law relating to the grant or acquisition, for

railroad purposes, of any lands belonging to the people of the state,

except that no railroad corporation may condemn any canal lands

abandoned pursuant to the provisions of article four of this chapter

until after they have been sold and conveyed in the manner provided by

this chapter.

Laws repealed. Of the laws enumerated in the schedule hereto

annexed, that portion specified in the last column is hereby repealed.

When to take effect. This chapter shall take effect

immediately.