State Asset and Land Management: Information for Client Agencies

If an agency determines that any real property under its jurisdiction is surplus to its needs, the commissioner of that agency is authorized to declare the same abandoned by formal letter to the NYS Office of General Services Commissioner, requesting a Declaration of Abandonment (DOA). 

The letter can be emailed to the Commissioner at [email protected], with a copy to OGS State Asset and Land Management (SALM) at [email protected]. Upon receipt of the request, OGS will require an Abandonment Report be completed (OGS Form BLM-UPL3) by the requesting agency.

OGS SALM will:

1. Review the State’s title.
2. Determine the need for a boundary survey.
3. Prepare the DOA that is sent to the commissioner of the requesting agency for signature.

When the signed DOA is returned signed by the requesting agency, OGS SALM will:

1. Notify municipal and county elected officials.
2. Publish a notice in the New York State Register.
3. Publish a notice in the Department of Environmental Conservation’s Environmental Notice Bulletin.

Note: Pursuant to Section 186 of the Military Law, the Division of Military and Naval Affairs will submit a Certificate of Excess and Consent to OGS instead of requesting a Declaration of Abandonment.

The requesting agency having jurisdiction must maintain the lands and buildings until sold.

OGS SALM will determine how the property is sold. Either by public or sealed-bid auction, private sale, request for proposal, Section 34, transfer of jurisdiction to another agency, or to Empire State Development,  which will coordinate the transaction. 

If the property is to be sold through an auction, OGS SALM will:

1. Appraise the property.
2. Create a legal description.
3. Fully market and show the property.
4. Conduct a review under the State Environmental Quality Review Act (SEQR).

See Sample Letter

Most agencies do not have the authority to convey easements over state-owned lands. OGS can convey an easement pursuant to Section 3(2) of the Public Lands Law. If a utility company, municipality, or neighboring property owner needs an easement over state-owned land, they must contact the agency with jurisdiction over the property.

If the agency agrees to the conveyance of the easement, the Commissioner of that agency must send a letter to the Commissioner of OGS making this request. The letter can be sent via email to the OGS Commissioner at [email protected] with a copy to OGS SALM at [email protected].

OGS will:

• Determine if a survey is needed and contact the applicant if one is necessary.
• Appraise the property, if necessary.
• Work with the applicant to satisfy SEQR requirements.
• Prepare a legal description for the easement.

To initiate a transfer of jurisdiction, the agency making the request must obtain consent from the agency with jurisdiction over the property, then send a letter to the OGS Commissioner requesting the transfer by emailing [email protected], with a copy to SALM at [email protected]

Note: The Department of Transportation and the Thruway Authority have a specific transfer map with all required signatures.

Legislation can be proposed by a county, municipality, or private entity to convey state-owned real property to them. OGS SALM and OGS Legal Services will review the proposed legislation before it is introduced. The following sections should be included, depending on the nature of the legislation.

• § __. The description in section two of this act is not intended to be a legal description but is intended to identify the parcel to be conveyed. As a condition of the transfer, (the municipality) may (or will) submit to the commissioner of general services, for his or her approval, an accurate survey and description of the lands to be conveyed, which may be used in the conveyance thereof.
• § __. The office of general services shall not transfer or convey the aforesaid land unless application is made to the office of general services by (the municipality) within 1 year after the effective date of this act. Said application shall be in the form of a resolution setting forth a comprehensive statement approved by its managing board acknowledging and accepting the use restrictions set forth in section five of this act.
• § __. The transfer and conveyance made pursuant to this act shall be subject to the following use restrictions and reverter: (a) The land described in this act shall be used exclusively for the purposes of _________ (b) The conveyance of the land described in this act shall contain a covenant and restriction requiring that the land be used for the purposes set forth in subdivision (a) of this section. In the event the premises are not accepted and/or used for such purposes, it shall revert to the state of New York.

Most agencies have the authority to acquire real property under their enacted legislation. OGS SALM can help with appraisals and boundary surveys as needed.

Surplus buildings must be approved by the Division of the Budget (DOB) pursuant to § 10 Public Buildings Law. If an agency deems a building unfit, not adapted, or not needed for use by such agency, board, division, or commission, they may recommend disposition by demolition or sale.

An RPPU-712 form must be sent to OGS SALM for approval, and OGS SALM will subsequently send it to DOB for approval. Email the RPPU-712 and pictures to: [email protected].

Note: The Department of Transportation and State University of New York (SUNY) buildings are exempt from this process.