N.Y. Pub. Lands Law § 33 Sale of Unappropriated State Lands; Notice and Place of Public Sales

• Library: New York Statutes
• Edition: 2023
• Currency: Current through 2023 NY Law Chapter 774
• Year: 2023
• Citation: N.Y. Pub. Lands Law § 33

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 Such notice need not be published in any other paper or papers, and any statute requiring additional publication of notices or advertisements by state officers or a department, board, bureau or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.