N.Y.
Public Authorities Law Section 2897
Disposal of public authority property
1.
Supervision and direction. Except as otherwise provided in this section, the contracting officer designated by each public authority shall have supervision and direction over the disposition of property of such public authority.2.
Custody and control. The custody and control of the property of a public authority, pending its disposition, and the disposal of such property, shall be performed by the public authority in possession thereof or by the commissioner of general services when so authorized under this section.3.
Method of disposition. Subject to § 2896 (Duties of public authorities with respect to the disposal of property)section twenty-eight hundred ninety-six of this title, any public authority may dispose of property for not less than the fair market value of such property by sale, exchange, or transfer, for cash, credit, or other property, with or without warranty, and upon such other terms and conditions as the contracting officer deems proper, and it may execute such documents for the transfer of title or other interest in property and take such other action as it deems necessary or proper to dispose of such property under the provisions of this section. Provided, however, that no disposition of real property, or any interest in real property, shall be made unless an appraisal of the value of such property has been made by an independent appraiser and included in the record of the transaction, and, provided further, that no disposition of any other property, which because of its unique nature or the unique circumstances of the proposed transaction is not readily valued by reference to an active market for similar property, shall be made without a similar appraisal.4.
Sales by the commissioner of general services. When it shall be deemed advantageous to the state, any public authority may enter into an agreement with the commissioner of general services where under such commissioner may dispose of property of such public authority under terms and conditions agreed to by the public authority and the commissioner of general services. In disposing of any such property of a public authority, the commissioner of general services shall be bound by the terms of this title and references to the contracting officer shall be deemed to refer to such commissioner.5.
Validity of deed, bill of sale, lease, or other instrument. A deed, bill of sale, lease, or other instrument executed by or on behalf of any public authority, purporting to transfer title or any other interest in property of a public authority under this title shall be conclusive evidence of compliance with the provisions of this title insofar as concerns title or other interest of any bona fide grantee or transferee who has given valuable consideration for such title or other interest and has not received actual or constructive notice of lack of such compliance prior to the closing.6.
Bids for disposal; advertising; procedure; disposal by negotiation; explanatory statement.a.
All disposals or contracts for disposal of property of a public authority made or authorized by the contracting officer shall be made after publicly advertising for bids except as provided in paragraphs c and f of this subdivision.b.
Whenever public advertising for bids is required under paragraph a of this subdivision:(i)
the advertisement for bids shall be made at such time prior to the disposal or contract, through such methods, and on such terms and conditions as shall permit full and free competition consistent with the value and nature of the property;(ii)
all bids shall be publicly disclosed at the time and place stated in the advertisement; and(iii)
the award shall be made with reasonable promptness by notice to the responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the state, price and other factors considered; provided, that all bids may be rejected when it is in the public interest to do so.c.
Disposals and contracts for disposal of property may be negotiated or made by public auction without regard to paragraphs a and b of this subdivision but subject to obtaining such competition as is feasible under the circumstances, if:(i)
the personal property involved has qualities separate from the utilitarian purpose of such property, such as artistic quality, antiquity, historical significance, rarity, or other quality of similar effect, that would tend to increase its value, or if the personal property is to be sold in such quantity that, if it were disposed of under paragraphs a and b of this subdivision, would adversely affect the state or local market for such property, and the estimated fair market value of such property and other satisfactory terms of disposal can be obtained by negotiation;(ii)
the fair market value of the property does not exceed fifteen thousand dollars;(iii)
bid prices after advertising therefor are not reasonable, either as to all or some part of the property, or have not been independently arrived at in open competition;(iv)
the disposal will be to the state or any political subdivision, and the estimated fair market value of the property and other satisfactory terms of disposal are obtained by negotiation; or(v)
under those circumstances permitted by subdivision seven of this section; or(vi)
such action is otherwise authorized by law.d.
(i) An explanatory statement shall be prepared of the circumstances of each disposal by negotiation of: (A) any personal property which has an estimated fair market value in excess of fifteen thousand dollars; (B) any real property that has an estimated fair market value in excess of one hundred thousand dollars, except that any real property disposed of by lease or exchange shall only be subject to clauses (C) and (D) of this subparagraph; (C) any real property disposed of by lease, if the estimated annual rent over the term of the lease is in excess of fifteen thousand dollars; (D) any real property or real and related personal property disposed of by exchange, regardless of value, or any property any part of the consideration for which is real property.(ii)
Each such statement shall be transmitted to the persons entitled to receive copies of the report required under § 2896 (Duties of public authorities with respect to the disposal of property)section twenty-eight hundred ninety-six of this title not less than ninety days in advance of such disposal, and a copy thereof shall be preserved in the files of the public authority making such disposal.e.
Disposals and contracts for disposal of real property by the canal corporation may be made by negotiated sale rather than public auction provided that all of the following conditions have been satisfied:(i)
The canal corporation has determined that: such real property is no longer necessary or useful to the purposes of the canal corporation; disposal of such real property complies with all applicable provisions of the canal law; and disposal of such real property is in the best interest of the canal corporation;(ii)
An appraisal of the fair market value of such property has been made by an independent appraiser and included in the record of the transaction;(iii)
The fair market value of such real property is greater than fifteen thousand dollars but not greater than seventy-five thousand dollars;(iv)
Such real property was improved prior to April first, nineteen hundred ninety-two under a municipal permit or a permit issued pursuant to Canal Law § 100 (Granting revocable permits)section one hundred of the canal law, thereby creating an encroachment on canal corporation real property;(v)
The purchaser of such real property is, or will be, the owner of the improvement that either fully or partially encroaches on canal corporation real property; and(vi)
The consideration paid for such real property will be not less than the fair market value of the real property exclusive of the value, fair market or otherwise, of the encroaching improvements.f.
Notwithstanding anything to the contrary in this section, disposals for use of the thruway authority’s fiber optic system, or any part thereof, may be made through agreements based on set fees that shall not require public auction, provided that:i.
the thruway authority has determined the disposal of such property complies with all applicable provisions of this chapter; ii. the thruway authority has determined that disposal of such property is in the best interest of the thruway authority; iii. the set fees established by the thruway authority for use of the fiber optic system, or part thereof, shall be based on an independent appraisal of the fair market value of the property; and iv. any public authority, state agency, municipality, not-for-profit hospital organized under Insurance Law § 4301 (Organization of corporation)section forty-three hundred one of the insurance law, public library, or institution of higher education located in New York state shall be required only to pay the actual cost of providing for use of the fiber optic system, but not exceeding the fair market value determined pursuant to subparagraph (iii) of this paragraph. For purposes of this paragraph, “public authority” shall refer to entities defined in Public Authorities Law § 2 (Definitions)section two of the public authorities law. For purposes of this paragraph, “institution of higher education” shall refer to entities as defined in subdivisions two and three of Education Law § 601 (Definitions)section six hundred one of the education law. Disposals of the fiber optic system, or any part thereof, through agreements based on set fees shall not require the explanatory statements required by this section. Any disposal of property, contract for disposal of property or agreement made pursuant to this paragraph shall not be deemed valid and enforceable unless it shall first have been approved by both the comptroller and the attorney general.7.
Disposal of property for less than fair market value.a.
No asset owned, leased or otherwise in the control of a public authority may be sold, leased, or otherwise alienated for less than its fair market value except if:(i)
the transferee is a government or other public entity, and the terms and conditions of the transfer require that the ownership and use of the asset will remain with the government or any other public entity;(ii)
the purpose of the transfer is within the purpose, mission or governing statute of the public authority; or(iii)
in the event a public authority seeks to transfer an asset for less than its fair market value to other than a governmental entity, which disposal would not be consistent with the authority’s mission, purpose or governing statutes, such authority shall provide written notification thereof to the governor, the speaker of the assembly, and the temporary president of the senate, and such proposed transfer shall be subject to denial by the governor, the senate, or the assembly. Denial by the governor shall take the form of a signed certification by the governor. Denial by either house of the legislature shall take the form of a resolution by such house. The governor and each house of the legislature shall take any such action within sixty days of receiving notification of such proposed transfer during the months of January through June, provided that if the legislature receives notification of a proposed transfer during the months of July through December, the legislature may take any such action within sixty days of January first of the following year. If no such resolution or certification is performed within sixty days of such notification of the proposed transfer to the governor, senate, and assembly, the public authority may effectuate such transfer. Provided, however, that with respect to a below market transfer by a local authority that is not within the purpose, mission or governing statute of the local authority, if the governing statute provides for the approval of such transfer by the executive and legislative branches of the political subdivision in which such local authority resides, and the transfer is of property obtained by the authority from that political subdivision, then such approval shall be sufficient to permit the transfer.b.
In the event a below fair market value asset transfer is proposed, the following information must be provided to the authority board and the public:(i)
a full description of the asset;(ii)
an appraisal of the fair market value of the asset and any other information establishing the fair market value sought by the board;(iii)
a description of the purpose of the transfer, and a reasonable statement of the kind and amount of the benefit to the public resulting from the transfer, including but not limited to the kind, number, location, wages or salaries of jobs created or preserved as required by the transfer, the benefits, if any, to the communities in which the asset is situated as are required by the transfer;(iv)
a statement of the value to be received compared to the fair market value;(v)
the names of any private parties participating in the transfer, and if different than the statement required by subparagraph (iv) of this paragraph, a statement of the value to the private party; and(vi)
the names of other private parties who have made an offer for such asset, the value offered, and the purpose for which the asset was sought to be used.c.
Before approving the disposal of any property for less than fair market value, the board of an authority shall consider the information described in paragraph b of this subdivision and make a written determination that there is no reasonable alternative to the proposed below-market transfer that would achieve the same purpose of such transfer.
Source:
Section 2897 — Disposal of public authority property, https://www.nysenate.gov/legislation/laws/PBA/2897 (updated Apr. 17, 2020; accessed Dec. 21, 2024).
