BILL NUMBER: S3052
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the public lands law, in relation to establishing a
right of first refusal in municipalities for state land to be sold at
public auction
 
PURPOSE OR GENERAL IDEA OF BILL:
Requires the local government where state land is located be given the
first opportunity to acquire the land when it is offered for sale.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends section 33 of the public lands law, as
amended, to provide that:
(1) When the state offers unappropriated state land for sale, the land
shall first be offered to the local governments in which the land is
located subject to certain conditions, including:
a. If the local government intends to use the land for park and/or
municipal recreation purposes, the land shall be offered to the local
government for one dollar;
b. If the local government intends to use the land for other municipal
purposes, the land shall be offered to the local government for the
lesser of the current appraised value or the amount for which it is
proposed to be sold;
c. The deed conveying unappropriated state land shall include a clause
specifying the purpose for which the land is being conveyed and revert-
ing the land to the state if it is not utilized for the specific purpose
enumerated or the specifically enumerated use ceases; and
d. The municipality shall exercise its right to purchase within ninety
days after receipt of the written offer;
(2) The unappropriated state land shall first be offered to the smallest
municipal government in which the land is located, then to the next
largest, as follows:
a. If the land is within an incorporated village, first to the village;
b. If the village declines or if the land is located outside of any
village but within a town, to the town;
c. If the town declines, to the county in which it is located;
d. If the land is within a city, first to the city. If the city
declines, then to the county in which the land is located;
(3) If none of the local governments purchase the land, then the land
may be disposed of in accordance with all applicable laws;
(4) The procedure set forth in this subdivision shall supplement any
other procedures in effect with regard to the sale of unappropriated
state land.
Section 2 states the effective date.
 
JUSTIFICATION:
Local governments face increasing difficulty in acquiring land for open
space, parks, and general municipal uses due to high cost and limited
availability. This bill assists local governments in meeting these
needs.
Further, local communities often become accustomed to and rely on the
existing use of state lands when making land use decisions for the
surrounding community. When the state determines land it owns is not
needed for state purposes and plans to dispose of such property, it
should recognize the traditional role of local government as purveyors
of land use policy and offer local governments the first right to
purchase the land.
This affords the opportunity to acquire open space that enhances the
community's quality of life and maintains the scenic beauty and environ-
mental integrity of the community, or develop the land for municipal or
recreational purposes supported by and benefiting the residents.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S59/A6970 - Died in Finance/Died in Governmental Operations
2021-2022: S1212/A4812 - Died in Investigations and Governmental
Operations/Died in Governmental Operations
2019-2020: S3681/A1598 - Died in Investigations and Governmental
Operations/Died in Governmental Operations
2017-2018: A346 -Died in Governmental Operations
2015-2016: A183 -Died in Governmental Operations
2013-2014: A1226- Died in Governmental Operations
2011-2012: A8806- Died in Governmental Operations
 
FISCAL IMPLICATIONS:
Minimal.
 
EFFECTIVE DATE:
This act shall take effect immediately.