State Codes and Statutes

Statutes > New-york > Pbb > Article-2 > 10

§ 10.    Disposal  of buildings and improvements on state lands, or on  lands under lease to the state. 1. Except as provided in subdivision two  of this section, whenever the head of any  agency,  board,  division  or  commission,  with  the approval of the director of the budget, (a) shall  certify to the commissioner of general services  that  any  property  on  state  land  or  on  land  under  lease  to  the state and consisting of  buildings with or without  fixtures  attached  thereto,  and  any  other  improvements  upon  such lands, are unfit, not adapted or not needed for  use by  such  agency,  board,  division  or  commission  and  (b)  shall  recommend  for  reasons  to  be stated, that the said property should be  disposed of, the commissioner of general services shall,  after  causing  an  investigation  to  be  made,  dispose  of  said  property by sale or  demolition as will best promote the public interest.  Public notice of a  proposed sale where the value of the property to be  sold  exceeds  five  thousand  dollars  shall  be  given  by  advertising  at least once in a  newspaper published and having a general circulation in  the  county  in  which  such  lands are located and in such other newspaper or newspapers  as the commissioner of general services may deem to be  necessary.  Such  advertisement  shall  give  a  general  description  and location of the  property and the terms of the sale and the date on which  proposals  for  the  same  will  be  received  by  the commissioner of general services.  Should  any  or  all  of  the  offers  so  received  be  deemed  by  the  commissioner of general services to be too low, he or she may dispose of  such  property  so  advertised at private sale within ninety days of the  opening of the bids,  provided  that  no  such  private  sale  shall  be  consummated  at  a price lower than that submitted as a result of public  advertising. The commissioner of general services shall  also  have  the  power  to demolish such property either by contract or, if such property  is located on lands which are under the jurisdiction of  the  department  of correctional services, the work of such demolition may be done by the  inmates  of  the  institution  where  such property is located, provided  however that the commissioner of correctional services shall consent  to  the employment of the inmates for the work of demolition. The provisions  of this subdivision shall be effective notwithstanding the provisions of  any  other  general or special law relating to the disposal of buildings  with the fixtures attached thereto or of  any  improvements  upon  lands  belonging  to or under lease to the state, and any such statute or parts  thereof  relating  to  such  disposal   of   buildings,   fixtures   and  improvements  insofar  as  they  are inconsistent with the provisions of  this section are hereby superseded. A record of any such sale  shall  be  filed  with  the state agency head above referred to and the proceeds of  such sale or disposal shall be paid into the treasury of  the  state  to  the credit of the capital projects fund.    2.  The  provisions of subdivision one of this section shall not apply  to any buildings or parts thereof or  to  any  other  improvements  upon  lands  that  have  been  or  that  shall  hereafter  be  acquired by the  commissioner  of  transportation  for  purposes   connected   with   the  construction,  reconstruction,  improvement  or  maintenance  of a state  highway or other duly authorized project or to any  buildings  or  parts  thereof  or  to any other improvements upon lands that have been or that  shall hereafter be acquired by the trustees of the state  university  of  New  York  for purposes connected with the construction, reconstruction,  rehabilitation,  improvement  or  maintenance  of  the   facilities   or  installations  of the state university or other duly authorized project.  In any such project, the commissioner of transportation or in  the  case  of  a  duly  authorized project of the state university, the trustees of  the state university may (a) provide in any agreement of adjustment with  the claimant who owned such buildings or improvements for  the  disposalof  such  buildings  or  improvements  by  removal,  (b) provide for the  demolition of such buildings or improvements, (c) permit, on such  terms  as  he  or she or such trustees, as the case may be, may deem beneficial  to  the  state,  the  temporary  use  and occupancy of such buildings or  improvements pending prosecution of  actual  construction  work  on  the  project,  or (d) dispose of such buildings or improvements by such other  arrangement as the commissioner of transportation or the trustees of the  state university, as the case may be, may deem advisable.   The  use  or  occupancy  of any such property pursuant to any license, lease or permit  under the provisions of this section and the right of  the  commissioner  of  transportation  or the trustees of the state university, as the case  may be, as agent for the  state,  to  recover  possession  of  any  such  building  or  improvement  or  of  the property upon which it is located  shall not be subject to the emergency housing rent control law.    Where  it  is  necessary  to  cause  the  removal  of  an  occupant of any such  property, the commissioner of transportation  or  the  trustees  of  the  state  university, as the case may be, as agent for the state, may cause  such occupant to be  removed  therefrom  and  the  immediate  possession  thereof to be delivered to him or her or to them, as the case may be, as  agent of the state in the same manner and by the same proceedings in the  same  court  or  before the same judge or justice as is now or hereafter  may be provided by law for the removal of a tenant  holding  over  after  the  expiration  of  his  or  her  term  without  the  permission of the  landlord.  The  proceedings  shall  be  brought  in  the  name  of   the  commissioner  of transportation or the trustees of the state university,  as the case may be, as agent of the state, and include as  part  of  the  relief  a  judgment for any amounts which may be due for said occupancy.  All monies received by the trustees of the state university pursuant  to  this  section  shall  be  paid  into the state university income fund as  established pursuant  to  subdivision  four  of  section  three  hundred  fifty-five of the education law.

State Codes and Statutes

Statutes > New-york > Pbb > Article-2 > 10

§ 10.    Disposal  of buildings and improvements on state lands, or on  lands under lease to the state. 1. Except as provided in subdivision two  of this section, whenever the head of any  agency,  board,  division  or  commission,  with  the approval of the director of the budget, (a) shall  certify to the commissioner of general services  that  any  property  on  state  land  or  on  land  under  lease  to  the state and consisting of  buildings with or without  fixtures  attached  thereto,  and  any  other  improvements  upon  such lands, are unfit, not adapted or not needed for  use by  such  agency,  board,  division  or  commission  and  (b)  shall  recommend  for  reasons  to  be stated, that the said property should be  disposed of, the commissioner of general services shall,  after  causing  an  investigation  to  be  made,  dispose  of  said  property by sale or  demolition as will best promote the public interest.  Public notice of a  proposed sale where the value of the property to be  sold  exceeds  five  thousand  dollars  shall  be  given  by  advertising  at least once in a  newspaper published and having a general circulation in  the  county  in  which  such  lands are located and in such other newspaper or newspapers  as the commissioner of general services may deem to be  necessary.  Such  advertisement  shall  give  a  general  description  and location of the  property and the terms of the sale and the date on which  proposals  for  the  same  will  be  received  by  the commissioner of general services.  Should  any  or  all  of  the  offers  so  received  be  deemed  by  the  commissioner of general services to be too low, he or she may dispose of  such  property  so  advertised at private sale within ninety days of the  opening of the bids,  provided  that  no  such  private  sale  shall  be  consummated  at  a price lower than that submitted as a result of public  advertising. The commissioner of general services shall  also  have  the  power  to demolish such property either by contract or, if such property  is located on lands which are under the jurisdiction of  the  department  of correctional services, the work of such demolition may be done by the  inmates  of  the  institution  where  such property is located, provided  however that the commissioner of correctional services shall consent  to  the employment of the inmates for the work of demolition. The provisions  of this subdivision shall be effective notwithstanding the provisions of  any  other  general or special law relating to the disposal of buildings  with the fixtures attached thereto or of  any  improvements  upon  lands  belonging  to or under lease to the state, and any such statute or parts  thereof  relating  to  such  disposal   of   buildings,   fixtures   and  improvements  insofar  as  they  are inconsistent with the provisions of  this section are hereby superseded. A record of any such sale  shall  be  filed  with  the state agency head above referred to and the proceeds of  such sale or disposal shall be paid into the treasury of  the  state  to  the credit of the capital projects fund.    2.  The  provisions of subdivision one of this section shall not apply  to any buildings or parts thereof or  to  any  other  improvements  upon  lands  that  have  been  or  that  shall  hereafter  be  acquired by the  commissioner  of  transportation  for  purposes   connected   with   the  construction,  reconstruction,  improvement  or  maintenance  of a state  highway or other duly authorized project or to any  buildings  or  parts  thereof  or  to any other improvements upon lands that have been or that  shall hereafter be acquired by the trustees of the state  university  of  New  York  for purposes connected with the construction, reconstruction,  rehabilitation,  improvement  or  maintenance  of  the   facilities   or  installations  of the state university or other duly authorized project.  In any such project, the commissioner of transportation or in  the  case  of  a  duly  authorized project of the state university, the trustees of  the state university may (a) provide in any agreement of adjustment with  the claimant who owned such buildings or improvements for  the  disposalof  such  buildings  or  improvements  by  removal,  (b) provide for the  demolition of such buildings or improvements, (c) permit, on such  terms  as  he  or she or such trustees, as the case may be, may deem beneficial  to  the  state,  the  temporary  use  and occupancy of such buildings or  improvements pending prosecution of  actual  construction  work  on  the  project,  or (d) dispose of such buildings or improvements by such other  arrangement as the commissioner of transportation or the trustees of the  state university, as the case may be, may deem advisable.   The  use  or  occupancy  of any such property pursuant to any license, lease or permit  under the provisions of this section and the right of  the  commissioner  of  transportation  or the trustees of the state university, as the case  may be, as agent for the  state,  to  recover  possession  of  any  such  building  or  improvement  or  of  the property upon which it is located  shall not be subject to the emergency housing rent control law.    Where  it  is  necessary  to  cause  the  removal  of  an  occupant of any such  property, the commissioner of transportation  or  the  trustees  of  the  state  university, as the case may be, as agent for the state, may cause  such occupant to be  removed  therefrom  and  the  immediate  possession  thereof to be delivered to him or her or to them, as the case may be, as  agent of the state in the same manner and by the same proceedings in the  same  court  or  before the same judge or justice as is now or hereafter  may be provided by law for the removal of a tenant  holding  over  after  the  expiration  of  his  or  her  term  without  the  permission of the  landlord.  The  proceedings  shall  be  brought  in  the  name  of   the  commissioner  of transportation or the trustees of the state university,  as the case may be, as agent of the state, and include as  part  of  the  relief  a  judgment for any amounts which may be due for said occupancy.  All monies received by the trustees of the state university pursuant  to  this  section  shall  be  paid  into the state university income fund as  established pursuant  to  subdivision  four  of  section  three  hundred  fifty-five of the education law.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pbb > Article-2 > 10

§ 10.    Disposal  of buildings and improvements on state lands, or on  lands under lease to the state. 1. Except as provided in subdivision two  of this section, whenever the head of any  agency,  board,  division  or  commission,  with  the approval of the director of the budget, (a) shall  certify to the commissioner of general services  that  any  property  on  state  land  or  on  land  under  lease  to  the state and consisting of  buildings with or without  fixtures  attached  thereto,  and  any  other  improvements  upon  such lands, are unfit, not adapted or not needed for  use by  such  agency,  board,  division  or  commission  and  (b)  shall  recommend  for  reasons  to  be stated, that the said property should be  disposed of, the commissioner of general services shall,  after  causing  an  investigation  to  be  made,  dispose  of  said  property by sale or  demolition as will best promote the public interest.  Public notice of a  proposed sale where the value of the property to be  sold  exceeds  five  thousand  dollars  shall  be  given  by  advertising  at least once in a  newspaper published and having a general circulation in  the  county  in  which  such  lands are located and in such other newspaper or newspapers  as the commissioner of general services may deem to be  necessary.  Such  advertisement  shall  give  a  general  description  and location of the  property and the terms of the sale and the date on which  proposals  for  the  same  will  be  received  by  the commissioner of general services.  Should  any  or  all  of  the  offers  so  received  be  deemed  by  the  commissioner of general services to be too low, he or she may dispose of  such  property  so  advertised at private sale within ninety days of the  opening of the bids,  provided  that  no  such  private  sale  shall  be  consummated  at  a price lower than that submitted as a result of public  advertising. The commissioner of general services shall  also  have  the  power  to demolish such property either by contract or, if such property  is located on lands which are under the jurisdiction of  the  department  of correctional services, the work of such demolition may be done by the  inmates  of  the  institution  where  such property is located, provided  however that the commissioner of correctional services shall consent  to  the employment of the inmates for the work of demolition. The provisions  of this subdivision shall be effective notwithstanding the provisions of  any  other  general or special law relating to the disposal of buildings  with the fixtures attached thereto or of  any  improvements  upon  lands  belonging  to or under lease to the state, and any such statute or parts  thereof  relating  to  such  disposal   of   buildings,   fixtures   and  improvements  insofar  as  they  are inconsistent with the provisions of  this section are hereby superseded. A record of any such sale  shall  be  filed  with  the state agency head above referred to and the proceeds of  such sale or disposal shall be paid into the treasury of  the  state  to  the credit of the capital projects fund.    2.  The  provisions of subdivision one of this section shall not apply  to any buildings or parts thereof or  to  any  other  improvements  upon  lands  that  have  been  or  that  shall  hereafter  be  acquired by the  commissioner  of  transportation  for  purposes   connected   with   the  construction,  reconstruction,  improvement  or  maintenance  of a state  highway or other duly authorized project or to any  buildings  or  parts  thereof  or  to any other improvements upon lands that have been or that  shall hereafter be acquired by the trustees of the state  university  of  New  York  for purposes connected with the construction, reconstruction,  rehabilitation,  improvement  or  maintenance  of  the   facilities   or  installations  of the state university or other duly authorized project.  In any such project, the commissioner of transportation or in  the  case  of  a  duly  authorized project of the state university, the trustees of  the state university may (a) provide in any agreement of adjustment with  the claimant who owned such buildings or improvements for  the  disposalof  such  buildings  or  improvements  by  removal,  (b) provide for the  demolition of such buildings or improvements, (c) permit, on such  terms  as  he  or she or such trustees, as the case may be, may deem beneficial  to  the  state,  the  temporary  use  and occupancy of such buildings or  improvements pending prosecution of  actual  construction  work  on  the  project,  or (d) dispose of such buildings or improvements by such other  arrangement as the commissioner of transportation or the trustees of the  state university, as the case may be, may deem advisable.   The  use  or  occupancy  of any such property pursuant to any license, lease or permit  under the provisions of this section and the right of  the  commissioner  of  transportation  or the trustees of the state university, as the case  may be, as agent for the  state,  to  recover  possession  of  any  such  building  or  improvement  or  of  the property upon which it is located  shall not be subject to the emergency housing rent control law.    Where  it  is  necessary  to  cause  the  removal  of  an  occupant of any such  property, the commissioner of transportation  or  the  trustees  of  the  state  university, as the case may be, as agent for the state, may cause  such occupant to be  removed  therefrom  and  the  immediate  possession  thereof to be delivered to him or her or to them, as the case may be, as  agent of the state in the same manner and by the same proceedings in the  same  court  or  before the same judge or justice as is now or hereafter  may be provided by law for the removal of a tenant  holding  over  after  the  expiration  of  his  or  her  term  without  the  permission of the  landlord.  The  proceedings  shall  be  brought  in  the  name  of   the  commissioner  of transportation or the trustees of the state university,  as the case may be, as agent of the state, and include as  part  of  the  relief  a  judgment for any amounts which may be due for said occupancy.  All monies received by the trustees of the state university pursuant  to  this  section  shall  be  paid  into the state university income fund as  established pursuant  to  subdivision  four  of  section  three  hundred  fifty-five of the education law.