N.Y. Public Lands Law Section 26
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 State Finance Law § 121 (Payments to state treasurer)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 Public Lands Law § 24 (Sale or exchange of certain detached parcels of forest preserve lands)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.

Source: Section 26 — Refunds when sales cannot be completed, https://www.­nysenate.­gov/legislation/laws/PBL/26 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

2
State-owned real property inventory and management program
2‑A
Certain transfers of jurisdiction over state-owned lands and declarations of abandonment by the commissioner of general services
2‑B
Transfers of certain funds
3
Powers and duties
4
Vesting of crown lands in the people of the state
5
Letters patent, form and contents
6
Determination of claims based on alleged failure of title
7
Partition of lands held by the state in joint tenancy or tenancy in common
8
Trespasses upon state lands
9
Penalty for trespasses
10
Power to investigate before grant
11
Power to confirm defective grant
12
Certain patents and grants ratified
12‑A
Certain patents ratified and confirmed
13
Grants to heirs, devisees or successors in interest
14
Time of performing conditions of grant
15
Prohibitions as to grants in Lake George
15‑A
Filling in the state owned bed of Lake George prohibited
16
Reservation of Esopus island
17
Payment of incumbrances on public lands
17‑A
Abandonment of claims under defective tax sales
18
Expenses chargeable to special funds
19
Taxes and assessments for local improvements on state lands
19‑A
State aid
19‑B
State aid
20
Grants of lands in Onondaga salt springs reservation designated on certain map
21
Conveyance of strips of abandoned canal lands and Onondaga salt springs reservation land
22
Management of sand and gravel resources
23
Disposition of moneys received from sale of certain state lands and sand and gravel thereon
24
Sale or exchange of certain detached parcels of forest preserve lands
25
Sale or exchange of real property owned by the state and devoted to the use of the organized militia
26
Refunds when sales cannot be completed
27
Acquisition of real property by purchase or appropriation
28
Transfer of state lands or watershed conservation easements to the city of New York for water supply protection purposes
29
Watershed conservation easements and watershed agricultural easements

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 26’s source at nysenate​.gov

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